Searching for an Experienced Legal Malpractice Lawyer in Philadelphia

What Exactly is Legal Malpractice

Legal malpractice is a complex area of the law that most people do not learn about until it is too late, and our legal team at Galfand Berger has the experience you need to prevail. Legal malpractice occurs when a lawyer causes harm to a client through negligent representation. Our Philadelphia legal malpractice attorneys will help you understand your rights.
Not every mistake made by an attorney is legal malpractice under the law. To be considered malpractice, an error must fall below the acceptable standard of professional conduct. Errors that result in financial harm to a client can include failing to follow the rules of a statute of limitations, failing to give advice that a client requests on time, or negligently drafting a legal contract or document.
Common examples of legal malpractice may include:
Failing to file a lawsuit before the statute of limitations expires
Failing to file an appeal before the deadline to appeal has passed . Many cases are lost just because a lawyer failed to file an appeal on time.
Failing to advise a client about the consequences of a plea bargain in a criminal case
Giving incorrect legal advice therefore causing the client actual financial loss.
Misleadings the client into believing that a case could be settled for "X" amount of dollars, but the case is taken to trial and the Plaintiff receives an award for less than "X" amount of dollars.
Affirmatively misleading the client into believing the case is better than it actually is. (This is sometimes called "the good outcome the bad way".)
Using short-cuts and lazy methods to save time.
Legal malpractice can also occur when an attorney improperly delegates the work of a case onto another attorney or law firm who then makes a mistake that causes harm to the current client.

Why Legal Malpractice Attorneys are Important

Given the complexity of the legal system, it is essential to have an experienced legal malpractice attorney in your corner to represent your interests. Most individuals lack the necessary knowledge to successfully handle a case against a lawyer alone, which makes a legal malpractice lawyer a vital asset. A good legal malpractice attorney must possess knowledge of the established standards of legal care in order to evaluate your case. They must also be able to identify the errors of the legal professional and prove that they are responsible for the damages you’ve suffered or the harm you’ve caused. A legal malpractice attorney helps determine the potential severity of your case and the compensation you may be entitled to. Legal malpractice cases involving negligence can be complicated and difficult, but an experienced legal malpractice attorney can make it much easier for victims to understand their situation.

How to Find a Legal Malpractice Attorney in Philadelphia

When it comes to selecting a legal malpractice attorney in Philadelphia, there are several factors that clients should consider. First, examine the attorney’s credentials. Did they attend a reputable law school? Are they licensed to practice law in your state? Having strong academic credentials can be an indicator of an attorney’s competence. However, keep in mind that many capable and experienced attorneys may not have attended Ivy League or top 10 law schools due to financial, family, or other personal considerations.
Next, consider their expertise. Be sure to ask the attorney about their specific experience with your type of case. For example, if you are dealing with real estate litigation, it is important to find an attorney who specializes in real estate law. In addition, inquire about their experience with the specific issue at hand or the opposing parties you may be facing.
Finally, consider the attorney’s past success rates. You can ask an attorney about their past results in similar cases and check online for reviews or case studies of previous cases they have handled. Keep in mind that every case is unique, and success in one case might not guarantee or predict success in another. However, an attorney with a track record of successful outcomes will generally be a stronger candidate for your case.
By taking the time to thoroughly evaluate the qualifications and experience of a legal malpractice attorney in Philadelphia, you can make an informed decision about who to hire for your case.

What to Do if you Believe Legal Malpractice has Occurred

Even though no legal malpractice case is fool-proof, the following steps will help you adapt and create your own protection mid-stream:

1. Treat it as an emergency

Legal malpractice is a civil action that has a statute of limitations. If you treat it like a run of the mill bad incident and let it linger, you’ll be right back at square one when the Statute of Limitations runs. This one factor will give you some hope and some successfully used adrenaline.

2. Review your current client contracts and agreements.

You cannot attack or question an attorney or law firm simply because you have been dropped as a client. Parting as ‘friends’ is not enough. The first line of defense will be client agreements of every type.

3. Review all relevant invoices and payment receipts.

Did you get all you paid for? Did you pay for things you did not receive? These are just a few questions, and both sides can be part of a legal malpractice action . For example, the client could sue the law firm for time which was not spent on legitimate services (but which the firm billed, anyway) or the law firm could seek fees for services allegedly performed but which were not reasonable (for example, an unreasonable hourly rate charged for a simple matter).

4. Go back and reread the client agreement as it relates to the legal matter.

If you signed on up to three claims, but ended up with only one, raise a red flag. This red flag can help you reconsider if you are in the presence of legal malpractice.

5. Look for non-essential matters to work around.

Are you wading through legal documents filled with legal jargon, acronyms, and jargon? If something is not essential to the case, such as a different lawyer’s discovery request, you may have a claim of legal malpractice.

6. Lastly, fill out our questionnaire.

See what you should do to start the process of determining if a legal malpractice case is in the offing.

A Close Look at Legal Malpractice Claims in Pennsylvania

In the state of Pennsylvania, a legal malpractice claim is an action based in negligence and governs lawyers’ liability to their clients. Attorney’s liability stems in part from the following under statute: (a) General rule.—Except as provided in subsection (b), actions to recover damages for malpractice, wrongful death or other tort or offense shall be commenced within two years of the date on which the cause of action accrued and not thereafter. (b) Assault actions.—An action for assault, battery, false imprisonment or other intentional tort shall be commenced within two years of the date of the injury sustained and not thereafter . In order to prove a legal malpractice claim in Pennsylvania, the plaintiff must demonstrate negligence, proximate cause, and damages. Legal malpractice negligence is defined under the following: …lawyers are required to exercise that degree of skill and competence commonly exercised by other members of the bar in Pennsylvania. In each case, it is wise to seek advice of another attorney before determining to prosecute a professional negligence action against an attorney.