Lawsuits are common business for lawyers, but when an attorney is sued for legal malpractice then it might be an embarrassing situation for him. According to the American Board of Professional Liability Attorneys website, you can file legal malpractice lawsuit when an attorney commits an error or breach of his duty to the client or the justice system. When the lawyers violate the standards of professional conduct that constitutes negligence then you can file a lawsuit against the lawyer. Due to the carelessness of the lawyer your petition gets disapproved by the court and you might be left with no other option than to consolidate debt.

Are you aware of term legal malpractice?

Legal malpractice is considered as a negligent tort claim, an area of law that deals with damages related to physical, financial or emotional to a plaintiff.

There are four basic factors for negligent tort claims: duty of care, breach of the duty of care, causation and damages. When you file a legal malpractice claim then the plaintiff is required to provide evidence that the attorney breached his/her duty of care to the plaintiff. The plaintiff needs to set the standard of care required and then back it with evidence that the attorney breached that duty of care.

What is causation?

If the plaintiff cannot provide evidence that he/she has undergone financial or emotional injuries and it is a direct result of something the attorney did, or failed to do, while representing him/her then it’ll be difficult to file legal malpractice against the lawyer.

In some bankruptcy cases, the plaintiff has to surrender the house to the court for liquidation in order to repay the creditors. In this situation, if the plaintiff lost his/her control over the house without the attorney’s fault, then a minor mistake on part of the attorney will not be considered to qualify as malpractice. If the attorney failed to claim an exemption on behalf of the plaintiff that would allowed her to control possession over the house, then it might be considered causation for the purpose of a legal malpractice lawsuit.

What is considered by damages?

Monetary injuries that a plaintiff undergoes are considered to be “damages” according to the legal term. If the plaintiff is contemplating a legal malpractice action against a bankruptcy attorney then the victim is required to provide evidence that he/she suffered an actual financial loss as a result of the attorney’s negligence or malpractice.

What is the process involved?

In order to file a legal malpractice lawsuit against a bankruptcy attorney, a plaintiff needs to acquire information on the statute of limitations in the jurisdiction where the alleged malpractice actually occurred. Remember, the statute of limitation will vary from state to state. The plaintiff should immediately hire an attorney if he/she believes to have a viable malpractice claim. The process of filing a legal malpractice lawsuit is similar to filing civil lawsuit. If the plaintiff manages to win then he/she will be granted a monetary judgment against the attorney.