What Is Legal Malpractice?

When you select an attorney to handle your Tennessee case, you assume this attorney, with whom you have put much faith and trust, will handle your action in a diligent, knowledgeable manner. Finding out later that your attorney in fact missed deadlines, failed to file necessary paperwork, or provided you with wholly inaccurate information, can be devastating. If your attorney’s negligence harmed your case, causing you injury, you may have the right to recover through the filing of a legal malpractice claim.

Legal malpractice claims are complex and multi-faceted, and clients are often left confused as to how to best proceed. The following is a brief overview of legal malpractice in Tennessee. It is designed to provide you with some basic information, which you can then follow up with by consulting a knowledgeable legal malpractice attorney.

What Is Legal Malpractice?

Legal malpractice is the term for negligence by an attorney that causes harm to a client. Legal malpractice can also encompass a breach of contract or breach of fiduciary duty by the attorney, again resulting in harm to the client.

What Must I Prove to Succeed in My Legal Malpractice Claim?

In order to successfully sue your former attorney for malpractice, you must prove the following four elements:

You had an attorney-client relationship with the attorney in question. An attorney-client relationship is generally formed when you engage the services of an attorney and they provide you with legal advice. The existence of a contact or paid for services can help establish a relationship, but are not required.
The attorney acted negligently in handling your case. This is a legal standard and allegations of negligence will vary depending upon the facts of your case. It is always best to consult with outside counsel to receive an expert opinion on whether your former counsel acted negligently.
The attorney’s negligent handling of your case caused your injuries. This is the causation component. It is not enough that your attorney’s actions were negligent—they must have caused you injury in order to recover.
Had your attorney properly handled your case, you would have been successful. If your claim would have failed regardless due to a fatal flaw, you are not entitled to recovery. However, if you can prove you had a legitimate, winning claim, your attorney can be held
liable for their part in destroying that case.

When Must I File a Legal Malpractice Action?

You have one year from the date by which you knew or should have known that you sustained an injury due to the attorney’s wrongful conduct in which to file suit. This statute of limitations is set out in Tennessee Code Ann. § 28-3-104(a)(2). It is important to note that the statute may not always begin to run when the action is dismissed; under certain circumstances, it can toll even sooner. It is therefore very important to act diligently in pursuing your claim and seek the assistance of another attorney as soon as you believe you have been injured due to your former counsel’s actions.

Do I Need To Hire Another Attorney to Bring My Malpractice Suit?

Some plaintiffs may feel like they were just wronged by one attorney, why bring in another attorney to file their legal malpractice claim? The reality is that legal malpractice claims are far from simple. They involve complex legal definitions of attorney negligence, have strict and often confusing statutes of limitations, and generally require the introduction of expert witnesses. It is always best to consult with another Tennessee attorney, whom you thoroughly research and trust, as soon as you suspect you have become a victim of legal malpractice.

How Can Greer Injury Lawyers Help Me?

The skilled attorneys at Greer Injury Lawyers can walk you through the filing of your legal malpractice claim each step of the way. Our firm has represented individuals throughout Tennessee and neighboring Mississippi as well, in a multitude of legal malpractice actions. We understand how difficult it is to trust another attorney when one has wronged you. We promise to always strive to achieve the best results for our clients through our knowledge and dedication. You can reach us (888) 470-9143 or locally at (901) 680-9777, and our first consultation is always free.

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