Free Consultation

Call Today 304-594-1800 After Hours 304-216-6695

Call Now: 304-594-1800

Free Consultation

Call Today 304-594-1800 After Hours 304-216-6695

West Virginia (WV) Legal Malpractice Information Center

What is Legal Malpractice?

By Jeffery L. Robinette, PLLC posted in Legal Malpractice, WV Legal Malpractice Claims on Saturday,October 1, 2016

When Your Attorney has Made a Critical Mistake:

When cases are complex or liability issues are in dispute, even experienced and competent attorneys can make an error which constitutes legal malpractice.  Lawsuits are complex entities with many moving parts, and a staff member may miss a filing deadline or fail to follow orders, and this can seriously compromise or disqualify a case from legal compensation.

Most Common Mistakes:

  • Missed Filing Deadlines
  • Failure to Appear in Court
  • Lack of Disclosure
  • Failure to Obtain Permission of Client Prior to Accepting Settlement
  • Misuse of Funds
  • Failure to Apply Law

Such errors are the reasons the best law firms purchase liability insurance for the protection of their clients just in case such a mistake is made which seriously compromises a case.  Some of the best law firms in the state have been sued for legal malpractice, usually due to the failure of one individual in the firm who did not follow through.

Proving legal malpractice is a two-part test

Even if an attorney has clearly made an error, that does not necessarily mean that their former client would have won a verdict. The case must have been good to begin with.  It must also be shown that absent the faulty representation, a better outcome would have been achieved for this valid claim of injuries or medical malpractice.