How can I tell if my Tennessee attorney committed legal malpractice?

By retaining an attorney, you are placing your trust in the hands of a professional who is supposed to fight to protect your rights and interests while getting the best results possible. When you discover that your attorney did something wrong that may have harmed you in the long-run, it is tough to know what to do and how to respond. It is important to realize that you do have options. Although bringing a legal malpractice case is complicated, it is possible to hold an attorney responsible for a breach of contract, breach of fiduciary duty, or negligence. There are some questions to ask to determine if a legal malpractice action is possible, including:

How can I tell if my attorney committed legal malpractice?

In order to be liable for legal malpractice, a lawyer must have acted, or failed to act, in a negligent manner and that action must have negatively impacted the case and its resolution. This can be as extreme as losing a case that you would have won but for the actions of your attorney. It also could be malpractice if your attorney accepted a settlement offer that you did not authorize if your case would have been worth more money if pursued further. A demonstration of legal malpractice requires proving the underlying case would have had another outcome with a different attorney.

What if my attorney did not file necessary pleadings or documents in a timely manner?

During the initial case, there are time limits for when specific papers must be filed with the court as well as strict limitations on the time in which an action must be filed. If your attorney had ample time to bring the underlying action or file required documents and failed to do so, then you could have a case for legal malpractice.

How long do I have to bring an action against my attorney?

There are time limits for everything. In Tennessee, a legal malpractice action must be filed from the date on which the attorney committed the negligent act or within one year from the time that the client discovers the wrongful act.

If I suspect that my attorney committed malpractice, what should I do?

The first step is to speak with your attorney. Although this may be difficult considering there will be negative emotions surrounding what your lawyer may have done, it is important to get your lawyer’s rationale for why he did what he did. It may be that the attorney acted reasonably based on facts that you may not have considered. However, if there was a mistake that was made, you will be armed with your lawyer’s justification, or lack thereof, which could help with a legal malpractice action.

Further, you should take any steps necessary to limit the harm that you have suffered, otherwise known as mitigating damages. Then you should contact experienced legal malpractice attorneys to help you determine the best possible legal strategy for you and your family.

Can I get my file from the attorney who handled my case?

As the client, you are entitled to your file. The attorney does have the right to make a copy of your file to retain for his records.

When your legal case has taken a very different turn than the one you expected, it is hard to know whether your original attorney made a mistake. The skilled Tennessee legal malpractice attorneys at Greer Injury Lawyers, PLLC have the knowledge and experience necessary to evaluate your case and answer all of your questions. We will sit down with you to determine the best way to proceed. We believe that attorneys have an obligation to make certain that they perform to the highest standards for their clients and must be held accountable when they fail in this duty. Please call us at 1 (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.