The three major theories of liability in legal malpractice cases are negligence, breach of fiduciary duty, and breach of contract. To prove malpractice and to establish your lawyer's liability, you must prove that your lawyer owed you a duty to represent you competently, that he or she made a mistake or otherwise breached the duty owed to you (breached the "standard of care"), and that your lawyer's mistake harmed you, causing you damages.
Following are examples of claims involving allegations of legal malpractice:
- Missing the statute of limitations.
- Failing to respond to motions or to attend court hearings.
- Breaching their fiduciary duty, i.e., placing the interests of the attorney above the interests of the client.
- Negligence or failing to follow commonly accepted standards of practice, including serious trial errors, offering advice in an area where the attorney has no knowledge or expertise, or failing to properly investigate claims or gather evidence.
- Improper collection or use of funds, such as collecting fees for services not rendered or using client fees before they have been earn.
We handle legal malpractice claims involving most areas of law, including intellectual property, real estate, family law, estate planning, and business matters.
Professional negligence, like legal malpractice, is a breach of the duty of care between professionals and their clients. The duty of care is a common law arrangement where the client expects a level of professionalism and standards commonly held by those professing a particular skill in the profession, such as accountants, architects, engineers, real estate brokers/agents or healthcare professionals to name a few.
Mr. Rummonds has significant experience in providing expert witness opinions and testimony to any number of professional standards of practice for attorneys. As an expert witness, he has testified in trials involving all manners of professional standards for lawyers.