Ventura County Legal Malpractice Attorneys
Has an attorney made errors in your case? Give us a call at (805) 676-1985.
It Isn’t Always Easy to Prove Malpractice
Individuals often end up turning to the expertise of an attorney to help them resolve a complex problem. You put your trust in the lawyer hoping that they will do everything right and resolve your problem quickly and professionally. But, what happens when that lawyer only ends up causing more problems instead of helping you out? That’s where you can turn to someone to file a legal malpractice suit.
If the attorney made major errors in your case, you can look into suing that lawyer for legal malpractice. It isn’t always easy to win these cases though. This often means that the lawyer didn’t use the proper care and skill that other lawyers would use when handling similar cases. It isn’t considered malpractice just because the lawyer didn’t win your case for you.
To win your legal malpractice case, you need to prove these things:
- Duty – the attorney owes you a duty to perform their job properly.
- Breach – the attorney breached their duty, i.e. negligence, mistake or failure to do what they agreed to do.
- Causation – the attorney’s conduct ended up hurting you financially.
- Damages – the attorney caused you to suffer a financial loss.
Knowing when a bad job is actually legal malpractice
To help you identify when the lawyer’s actions are malpractice, consider the following:
The lawyer stopped working on your case. If the lawyer ignores your case and your concerns, there is a good chance that it is going to end up turning into malpractice.
The case is thrown out because your lawyer didn’t do their job properly. You have to prove that the lawyer didn’t handle the case properly, as well as that you would have won a judgment had the lawyer done their job properly.
The lawyer recommended a settlement for less than what your case was worth. This isn’t malpractice. Lawyers will often give you an inflated value of what they feel your case is worth to get you to hire them. Get a second opinion. If another lawyer thinks that you are settling for less than you should, consider going with another lawyer.
The lawyer settles your case prior to obtaining your authorization to do so. Lawyers aren’t allowed to take a settlement without first obtaining your approval. To prove malpractice, you have to show that the settlement the lawyer agreed to is less than what your actual case was worth.
The lawyer is socializing with the opponent’s lawyer. While conversing isn’t malpractice, it is against their agreement with you to talk about the case and disclose information you told them in confidence.
The lawyer misused your retainer. If your money was used for something other than your case, that is legal malpractice.
If you feel that the attorney didn’t do their job properly, you can talk to the team of professionals at Malcolm Tator Law in Ventura County. You deserve the chance to have someone represent you who has your best interest at heart. Contact our California attorneys today.
Can Multi-State Judgements Be A Problem?
If a judgment in one state becomes an issue in a second state, the second state is entitled to determine wether the first state had jurisdiction to issue it’s judgement. If not the second state can ignore the first states judgement.
Making Settlements Easily Enforceable
When settling a case, to make the settlement easily enforceable, make sure both sides sign the settlement or agree to it on the record in court. If this doesn’t happen it may not enforceable.
Damages For Breach Of Contract
Damages for breach of contract are reduced by payments received by the injured party from other sources, for instance a replacement buyer or an insurance company. However damages collectible by victim of personal injury or other tort are not reduced by payments by...
Lifting A Judgement
On occasion, a default judgment may be lifted, provided the defaulted party acts promptly.
Can You Undo A Judgement?
A defendant in California may undo a default judgment against him, but only if he acts promptly. (The courts say diligently.)
What Happens On Appeal?
Many people have a misconception about what happens on appeal. An appellate court does not retry the case. It does not take evidence. It does not reweigh the evidence taken at trial. It only decides if the trial judge made a prejudicial mistake on the law.
The Cost of Court Vs. Contractual Arrbitration
Generally court is better and cheaper than arbitration required by contract.
Is a Surgeon Liable For Their Nurses Actions?
A surgeon can be liable for the nurses under his supervision during surgery.
Personal Injury and Other Negligent or Intentional Torts
In personal injury and other negligent or intentional torts, payments to or for the injured person by others, such as his insurance carrier or employer, do not redound to the benefit of the defendant by reducing the damages for which the defendant is liable. Contract...
Claims In California… There’s a Trap
Suits against public entities and employees in California have a trap. A claim must be filed with the governing body of the public entity within 6 months.
Legal Malpractice Attorneys serving Oxnard, Ventura County, Camarillo, Carpinteria, Fillmore, Moorpark, Newbury Park, Ojai, Port Hueneme, Santa Paula, Somis, Thousand Oaks, Ventura, and Westlake Village areas.