Legal malpractice occurs when an attorney fails to meet the professional standard of care, resulting in harm to a client’s case or finances. These cases are often complicated, requiring proof that the attorney was negligent and that this negligence caused measurable damages, a challenge known as proving the “case within a case.” If you’ve suffered losses due to an attorney’s actions or inaction, skilled legal representation can help protect your rights and pursue the compensation you may deserve.
Need a Lawyer for Legal Malpractice?
When the attorney you trusted failed to uphold their duty and caused you harm, you deserve the chance to make things right. Legal malpractice cases are complex, but with the right legal team by your side, you can pursue accountability and seek compensation for the losses you’ve suffered. Contact us today to discuss your case and learn about your options.
Table of Contents
- What Is Legal Malpractice?
- Common Examples of Legal Malpractice
- Key Elements of a Legal Malpractice Claim
- The “Case Within a Case”
- How Much Is a Legal Malpractice Case Worth?
- Statutes of Limitations and Repose in Tennessee
- How to Report Lawyer Misconduct
- What to Do If You Suspect Legal Malpractice
- How a Legal Malpractice Lawyer Can Help You
- Contact The McMahan Law Firm for Legal Malpractice Representation
What Is Legal Malpractice?
Legal malpractice, also called attorney negligence, occurs when a lawyer fails to meet the professional standard of care expected in their field, resulting in financial harm to the client. This means the attorney’s actions, or inaction, fell below what a reasonably competent lawyer would have done in the same situation.
Not every attorney gives your case the attention and dedication it deserves. Hiring a billboard attorney often means becoming just another file in a stack, while a dedicated legal malpractice lawyer focuses on you and your outcome.
Choose Board Certified – Not Billboard
Just because it’s on a billboard doesn’t mean it’s the best option. Lawyers who shell out all that money for billboard ads are all talk and no substance. You and your family deserve the legal aid only a board-certified attorney can give you. Attorneys Jay, Brent, and Herbert at The McMahan Law Firm are Board Certified Civil Trial Specialists by the National Board of Trial Advocacy. We have the knowledge and experience you can trust to help you seek maximum compensation for your losses.
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Common Examples of Legal Malpractice
While legal malpractice can take many forms, some issues arise more often than others. Examples include:
- Failing to file within the statute of limitations: Missing a legal deadline can result in a case being thrown out, leaving the client with no chance to pursue justice.
- Conflicts of interest: Representing clients with opposing interests or failing to disclose personal or financial relationships that could influence the case.
- Misuse of client funds or unethical conduct: Mishandling settlement money, charging for work not performed, or engaging in dishonest practices.
- Neglecting client communications: Ignoring calls, failing to update clients, or leaving them uninformed about case developments.
- Inadequate legal research or trial preparation: Failing to investigate facts, review evidence, or prepare arguments, which can lead to preventable losses in court.
When any of these mistakes occur, the consequences can be severe, both financially and emotionally, making it essential to seek guidance from a lawyer experienced in legal malpractice cases.
Key Elements of a Legal Malpractice Claim
To succeed in a legal malpractice case, you must prove more than just that your lawyer made a mistake. 4 specific elements must be present:
- Duty of Care: An attorney–client relationship existed, which created a legal duty for the lawyer to provide competent representation.
- Breach of Duty: The attorney failed to act with the reasonable skill, care, and diligence expected of a competent lawyer in similar circumstances.
- Causation: The attorney’s breach directly harmed your case, meaning their actions (or inaction) were the reason you lost money or missed an opportunity.
- Damages: You suffered actual financial losses because of the attorney’s conduct, such as losing a settlement, judgment, or the ability to pursue your case.
Without proof of each of these elements, a legal malpractice claim may not succeed, which is why having an experienced legal malpractice lawyer evaluate your situation is necessary.
The “Case Within a Case”
One of the most challenging aspects of a legal malpractice claim is proving what’s known as the “case within a case.” This means you must show that you would have likely won your original case, or obtained a better result, if your attorney had not been negligent.
Essentially, you are required to prove 2 cases at once:
- Your original legal matter had merit, and a favorable outcome was likely.
- Your attorney’s mistakes directly caused you to lose that opportunity.
This dual burden makes legal malpractice claims more difficult than most other legal disputes. The process often involves detailed investigation, expert testimony, and a deep understanding of both the original case and the malpractice claim itself. Having an attorney from The McMahan Law Firm who is well-versed in these unique challenges can make all the difference in your outcome.
How Much Is a Legal Malpractice Case Worth?
The value of a legal malpractice claim depends on several factors, and no two cases are exactly alike. Key considerations include:
- Financial losses from the original case: What you would have likely recovered if your attorney had handled your matter properly.
- Strength of evidence in both the malpractice and original case: The clearer and stronger your proof, the better your chances of a higher recovery.
- Costs of litigation: Expenses for expert witnesses, court fees, and other costs can impact the overall value of your claim.
Because each case has its own facts and challenges, determining potential compensation requires a thorough professional evaluation. A legal malpractice lawyer can review your situation and provide insight into what you may be able to recover through a free consultation.
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Statutes of Limitations and Repose in Tennessee
Tennessee law places strict time limits on filing a legal malpractice claim:
- Statute of Limitations: You have 1 year from the date you discovered, or reasonably should have discovered, the malpractice to file a claim.
- Statute of Repose: Regardless of when the malpractice is discovered, you generally cannot file more than 5 years after the attorney’s negligent act or omission, except in cases involving fraud.
These deadlines are unforgiving. Missing them can mean losing your right to pursue compensation entirely. If you believe you may have a legal malpractice case, it’s important to speak with an attorney as soon as possible so the necessary steps can be taken before time runs out.
How to Report Lawyer Misconduct
If you believe an attorney engaged in unethical behavior, you can file a complaint with the Tennessee Board of Professional Responsibility (BPR), the agency responsible for investigating allegations of lawyer misconduct. This process addresses violations of professional ethics and is separate from a legal malpractice lawsuit, which focuses on recovering financial losses.
- Understand the process: Review the BPR’s guidelines and ensure your concerns fall under professional misconduct.
- Gather documentation: Collect any relevant evidence, such as emails, letters, contracts, and a timeline of events.
- Complete the complaint form: Use the official BPR form to outline your allegations and provide supporting details.
- Submit your complaint: Send it to the BPR for review. They may request additional information as part of their investigation.
- Follow up: If the Board finds sufficient grounds, they will proceed with disciplinary actions, which can range from warnings to disbarment.
Reporting misconduct can help protect others from similar experiences, but it will not provide you with financial compensation. If you have suffered losses due to an attorney’s negligence, you will need to pursue a separate legal malpractice claim.
What to Do If You Suspect Legal Malpractice
If you believe your lawyer’s actions or inaction caused you harm, taking the right steps early can help protect your rights:
- Document everything: Keep thorough records of all communications, case filings, emails, and a detailed timeline of events.
- Seek a second opinion: Consult another attorney to evaluate whether your lawyer’s conduct fell below the standard of care.
- Contact a legal malpractice lawyer: An attorney with experience in malpractice cases, such as a personal injury attorney, can review your situation, determine if you have a viable claim, and guide you through the legal process.
Prompt action is vital to these claims, especially given Tennessee’s short filing deadlines for legal malpractice claims.
How a Legal Malpractice Lawyer Can Help You
Having the right attorney on your side can make the process more manageable and improve your chances of success. A legal malpractice lawyer can:
- Review your case thoroughly to determine whether malpractice occurred and assess the strength of your claim.
- Gather critical evidence such as case files, correspondence, and testimony, and work with expert witnesses to show how your previous attorney failed to meet the professional standard of care.
- Handle both the original “case within a case” and the malpractice claim, ensuring both are built and presented effectively.
- Pursue the best possible outcome by negotiating fair settlements or presenting your case in court when necessary.
With the stakes high and deadlines short, experienced representation can help you hold negligent attorneys accountable and pursue the compensation you may deserve.
Contact The McMahan Law Firm for Legal Malpractice Representation
Because Tennessee places strict deadlines on filing legal malpractice claims, waiting too long can cost you the opportunity to recover your losses. Our team understands the challenges these cases present and can provide the focused, experienced representation you need.
If you believe your former attorney’s actions caused you financial loss, we’re ready to review your situation, explain your options, and fight for the compensation you could be entitled to. Don’t risk missing important deadlines. Reach out today to schedule your free consultation and protect your rights.