If you hire a lawyer after being injured in an accident, you entrust them with your financial recovery. Attorneys should always do their best to protect your interests and your right to compensation. However, what are your rights if that attorney screws up your case?
Can You Sue Your Lawyer for Legal Malpractice in Nevada?
Legal malpractice occurs when a lawyer fails to provide the quality of care that would be reasonably expected under similar circumstances, causing harm to their client. Discovering that your attorney screwed up your case will leave you feeling distressed and betrayed. You might then also wonder, “Can I sue my lawyer?”
Clients may sue their attorneys for malpractice, and it is sometimes necessary.
To successfully sue for legal malpractice, you must prove:
- Duty: You must establish that your lawyer owes you a duty of care. This is typically done by showing you had an attorney-client relationship with them, which creates certain legal and ethical obligations.
- Breach of Duty: You must demonstrate that your lawyer failed to meet the standard of care expected from a reasonably competent attorney in a similar practice area.
- Causation: You must show that your attorney’s negligence directly resulted in harm or a negative outcome in your case.
- Damages: You must show the financial or personal harm you suffered due to the attorney’s actions.
Proving these elements can be complex. It often requires the testimony of legal expert witnesses.
Examples of Legal Malpractice
Legal malpractice claims can arise from various circumstances. These range from administrative oversights to breaches of ethical duties. Identifying examples of malpractice may help you determine whether you have a case against your attorney.
Some examples include:
- Negligence: Attorneys may be negligent if they miss critical deadlines, fail to conduct proper research, or make significant errors that affect the outcome of your case.
- Breach of Contract: Attorneys may breach their contract if they fail to honor the terms of a representation agreement with you.
- Breach of Fiduciary Duties: Attorneys have a duty to act in their client’s best interests. Attorneys may breach this duty if they misuse client funds or disclose attorney-client information.
- Conflict of Interest: Attorneys may have a conflict of interest when their professional or personal interests interfere with their duty to represent you.
Be sure to speak with a personal injury lawyer if you suspect malpractice in your personal injury case.
What Is the Statute of Limitations For Legal Malpractice Claims in Nevada?
If you suspect your attorney screwed up your case, you may wonder how long you have to take action. Legal malpractice claims are subject to Nevada’s statute of limitations, which sets the deadline by which you must file a lawsuit.
The statute of limitations for legal malpractice claims in Nevada is four years after you sustain damage or two years after you discover or should have discovered the alleged malpractice, whichever occurs first. However, you should speak with an attorney as soon as possible to preserve your rights.
What Are a Legal Client’s Rights?
Attorney-client relationships are not one-sided. Clients have important rights from beginning to end. This includes rights to:
Competent Legal Representation
You have the right to competent representation. Your attorney should possess the requisite knowledge, skills, and experience to handle your case. They should also stay informed of recent legal developments and exercise due diligence in preparing and managing your case.
It is not an excuse for an attorney to claim that your case fell outside their areas of expertise to avoid a malpractice claim.
Prompt Communication
You might wonder what to do if your attorney ignores you. Understand that you are entitled to regular updates and prompt responses to questions. This includes honest assessments of your case and its status so you will never be left thinking, “My lawyer lied to me.”
Your attorney should inform you of significant developments and consult with you before making major decisions, such as settling. If not, for example, you may be able to sue your attorney after settlement.
Confidentiality
Confidentiality is a major part of the attorney-client relationship. Your attorney is bound legally and ethically to protect your privacy. Your attorney should only disclose your information with express consent or when legally required.
Loyalty
Your attorney owes you a duty of loyalty. This means they must act in your best interests at all times. Attorneys must avoid conflicts of interest or situations where their professional or personal interests collide with yours. If a potential conflict arises, your attorney should disclose it immediately.
You may also have additional rights. These can include the right to a second opinion, the right to terminate your attorney’s services at any time, and the right to report unethical or unprofessional behavior to the State Bar of Nevada.
Common Questions Regarding Lawyer Malpractice Lawsuits
Legal malpractice lawsuits can be complex. Some common questions and concerns that clients have when considering a lawsuit against their attorney include:
Q: Can I Sue for Malpractice If I’m Unhappy with the Outcome of My Case?
A: No. Simply being dissatisfied with the outcome of your case is not enough to constitute malpractice. You must prove that your attorney’s negligence or conduct directly resulted in harm or a less favorable outcome than what a competent attorney could have achieved.
Q: What Can I Recover in a Legal Malpractice Lawsuit?
A: You may recover your actual losses from your attorney’s malpractice. This may include court costs, additional legal fees, or the compensation you would have received for your personal injury case had it been appropriately handled.
Q: Who Can I Sue for Legal Malpractice?
A: You can sue the attorney who represented you and committed the alleged malpractice. If the attorney was part of a law firm, the firm might also be liable depending on the circumstances and structure of the practice.
Q: What Should I Do If I Suspect My Attorney Has Committed Malpractice?
A: If you suspect malpractice, maintain copies of relevant communications and case documents. Consult a personal injury lawyer to review your case and advise you on the next steps. An attorney can help you understand your rights, the likelihood of success, and the steps in filing a lawsuit.
Contact Our Experienced Las Vegas Personal Injury Lawyers If You Believe Your Attorney Committed Malpractice
Navigating a potential legal malpractice claim can be a challenging process. However, understanding your rights and legal options can provide a path forward. If you believe your attorney screwed up your case, schedule a free consultation with one of our De Castroverde Accident & Injury Lawyers in Las Vegas by calling at (702) 222-9999.