You may already know that Maryland attorneys are expected to meet certain requirements and owe you a duty of care as a client. When your case does not turn out as you expected, you may wonder whether your attorney committed legal malpractice. The fact of the matter is that no one can guarantee you the outcome to your case that you desire. However, when your attorney makes an error that facilitates a negative outcome to your case, you may have a legal malpractice claim.
You would more than likely benefit from having an attorney who handles legal malpractice claims here in Maryland review your situation before moving forward with any claim. Certain elements must be present in order to have the chance at a successful claim. If not all of those elements are present, it may not be in your best interest to enter into litigation over the matter.
The easiest element to prove will more than likely be that as a client, your attorney owed you a duty to provide you with skilled and competent representation. The remainder of the elements often presents a challenge. For instance, was a mistake made that breached the duty owed to you? If so, that may not be enough to seek restitution since you must also prove that you suffered injury or harm due to the mistake, and that you sustained a financial loss from that harm.
As you can see, pursuing a legal malpractice claim is not necessarily an easy endeavor. Understanding whether your circumstances satisfy all of the elements required for a lawsuit takes more than a verdict or other decision that did not go your way. Even when all of the elements are present, you may not want to attempt to go through the litigation on your own since the attorney on the other side will undoubtedly have legal representation — even if that attorney acts as his or her own counsel in defending your claim.
Source: FindLaw, “Legal Malpractice Lawsuit FAQ“, Accessed on Nov. 25, 2017
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