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Understanding the Difference Between Ethics Violations and Legal Malpractice

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Ethics Violations and Legal Malpractice: While fighting a legal battle, it takes a lot of exhaustion and effort before the final verdict comes, and often, the final judgment is not what you had expected or does not satisfy you. After the battle is over and the verdict is out, when you sit down and think about the case, you might get reminded of specific situations where the lawyer could have taken decisions in a different way, and had it been taken, the verdict would have been different.

Once you give this a thought, if you feel that your lawyer has wronged you or did not give enough effort to help you achieve justice or the verdict you deserve, then you have the right to sue your lawyer. But before you file a claim against your lawyer, you must understand that several factors need to be considered before you determine the suitable file to claim. Besides, you can even consult a Riverside California lawyer to understand better.

This article will help you understand the two types of claims that you can file against your lawyer: ethical Violation or legal malpractice, or professional negligence by the professional.

What is meant by ethical violation?

Ethical Violation is primarily based on the California Rules of Professional Conduct. Every case requires a lawyer to make ethical decisions involving their desire to preserve self-respect and moral sense. Although there are cases where ethical Violation and legal malpractice overlap and may form a basis for it, not all ethical violations need to involve breaking the legal code of conduct.

Here are the common ethical violations encountered by clients :

  1. The attorney was unsuccessful in establishing proper communication with the client.
  2. The attorney has miscarried any critical client document and did not return it.
  3. The attorney was an amateur and lacked the skill of working proficiently.
  4. The attorney could not handle potential conflict situations that might turn into actual ones.

What is meant by legal malpractice?

In the simplest terms, legal malpractice means that the lawyer has violated their duty to take care of the client and ensure justice to them as a result of which caused harm to the client. Legal practice is based on personal negligence.

If you want to file a claim against a lawyer on legal malpractice, here are the two things that you need to prove :

  1. That the attorney owed you duty
  2. The lawyer failed to complete that duty.
  3. The attorney’s negligence in fulfilling the commitment caused actual damages and impacted the course of the final verdict.
  4. The attorney’s negligence has caused you financial loss.

It is not that difficult to prove these if you are confirmed about the lawyer’s negligence. Riverside California lawyers would help you understand the scenarios, but they will also analyze your case and help you prove the malpractice that has been carried out.

Conclusion!

We hope you have got good clarity regarding the potential claims you can make against your lawyer if you are unhappy with them. Riverside California lawyers are the first place you should contact when facing such a situation.

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