Whenever professionals, such as lawyers and attorneys, advise, represent, or otherwise perform services on behalf of their clients, they do so with the best intentions. At times the outcome of their dedication and hard work results in positive, favorable results. We all know, however, that this isn’t always the case. Mistakes are bound to happen, as is sometimes the case. It can have serious consequences that wind up being costly to their client.
Liability insurance is available in the form of small law firm attorney malpractice insurance to protect professionals in the event a client or third party files a claim, and coverage can be tailored to address a host of risks and exposures. Certain skills are required by lawyers because of the demand placed on them by constantly changing legal statutes and regulations, along with the economic environment. This, coupled with advances in technology, represents a myriad of challenges to professional liability underwriters everywhere.
Concerns over legal malpractice
A legal malpractice lawsuit is based on claims that an attorney negligently performed legal services. To establish a cause of action for professional negligence, the plaintiff must prove a breach of the duty of care that results in injury and actual loss. A judge will often rule that nominal damages alone are insufficient to state a cause of action. A legal malpractice action may be based on the negligent failure to provide an adequate defense.
Many legal malpractice cases are unsuccessful because the plaintiffs are unable to prove that their case has merit or that the result could have been different. In placing blame on the performance of the attorney, claimant must show proof that the lawyer was negligent, and that his or her error has caused damage. Sometimes a claim of legal malpractice occurs because the attorney failed to perform with the proper duty of care, perhaps ignoring a case they felt was not worth their time, possibly because of causation issues.
An attorney may have accepted a case and in doing so inflated the client’s expectations without having performed an adequate investigation into the matter. In such situations the client may contend that the attorney’s negligence prevented any opportunity for a favorable outcome. Having small law firm attorney malpractice insurance can aid your client when accusations of this nature result in litigation.