Trusted Tennessee Legal Malpractice Lawyers: For Those Wronged By Other Attorneys’ Negligence

Every legal practitioner throughout the state of Tennessee must protect their clients. In a general sense, this means that your lawyer must always act in your best interests and zealously protect your legal rights. While your attorney’s duties are straightforward, the legal concept of malpractice is more nuanced.

According to a Tennessee Supreme Court case in 2006, Chapman v. Bearfield, a lawyer commits malpractice when they fail to exercise ordinary skill, care and diligence in serving their clients. What was important about this landmark case is that it established a statewide standard for lawyer malpractice. Determining whether an attorney committed malpractice requires an examination of the totality of the case and whether their actions conformed with the acceptable standard across the state. In many situations, this can require the help of an expert witness who can testify as to how another lawyer failed in this duty. Our Tennessee attorney malpractice lawyers who sue attorneys will work to explain this concept to you in more detail and investigate the conduct of your former lawyer.

It is important to note that a dissatisfactory resolution – or even a lost motion or lost case – does not necessarily mean that your attorney engaged in misconduct. There are specific standards that must not have been met for a lawyer malpractice claim to succeed. To prevail in a lawyer malpractice case, you and our local attorneys will need to prove that:

• An attorney-client relationship existed.
• Your lawyer violated the duty described above.
• This violation caused your losses.
• Had your lawyer not committed this violation, your losses would not have occurred.

A variety of actions or inactions by a legal professional may lead to a malpractice claim. They can include, but are not limited to:

• Failing to appear in court to represent you at a hearing or trial
• Missing a deadline for filing a claim, pretrial motion or appeal
• Improper or missing communication between yourself, the other party, opposing counsel, the judge or the jury
• Misuse of money entrusted to the attorney, such as in an escrow account, for the attorney’s personal use
• An improper withdrawal from a case without informing the client first

If your legal representative committed any of these actions, do not hesitate to contact us for guidance.

What Does ‘Case Within A Case’ Mean For Your Nashville Legal Malpractice Suit?

The term “case within a case” in legal malpractice law refers to the burden on the plaintiff to establish the facts of the underlying action (meaning, the original legal matter) and what the result would have been had the defendant attorney not acted negligently. For example, if you were the plaintiff in the underlying case, you must show what you would have received in a court verdict or settlement. If you were the defendant, you must prove that either you would not have been forced to pay anything, or you would’ve had to pay at least much less than what you actually did. It is also possible to sue for malpractice while the underlying matter is still pending.

Is Ignoring Your Requests Or Directions Legal Malpractice?

A Tennessee lawyer has an obligation to communicate with their client and listen to their wishes. Unless those desires are illegal or unethical, the attorney cannot ignore the client’s instructions. Instead, they are supposed to advise the client whether their wishes are in their best interests and, if not, guide them toward a better strategy. Simply disregarding a client’s instructions could be lawyer malpractice.

What Is The Statute Of Limitations For Legal Malpractice In Tennessee?

The statute of limitations is a legal time limit imposed on potential plaintiffs to file a claim in court. For legal malpractice, the statute of limitations is quite short. You have just one year from the date the cause of action accrued. If you suspect you lost your case due to legal malpractice, you should discuss it with a legal malpractice lawyer as soon as possible or risk missing your chance at holding the negligent attorney accountable.

How To Navigate A Billing Dispute With A Former Attorney

If you’re experiencing a billing dispute with a former attorney, then it’s important to seek legal help. At Miller Injury Firm, our attorneys understand the intricacies of lawyer malpractice and are equipped to handle your case. They’ll work tirelessly to help you get the compensation you deserve. Learn more about how they can help you in your lawyer malpractice case, and contact us today for a free consultation in Tennessee!

Review Agreement: The First Step To A Billing Dispute

The first step in any billing dispute is to review the agreement you had with your previous lawyer. This will help our Tennessee team understand what services were supposed to be provided and how much you agreed to pay. Once our experienced legal malpractice attorneys have a clear understanding of the agreement, then they can start looking for discrepancies between what was promised and what was actually delivered.

Step 2: Helping You Understand Bar Association Information

Next, our team will help you understand any relevant information from the bar association. In some cases, the lawyer you’re disputing with may have been disciplined by the state bar. Our attorneys can review this information and determine whether it’s relevant to your case. Additionally, the bar association may offer mediation services that can help resolve billing disputes. Our team can help you navigate this process and ensure that your rights are protected.

Step 3: Understanding Your Options

After reviewing your agreement and gathering relevant information, our team will sit down with you to discuss your options. In some cases, it may be possible to reach an agreement with the lawyer you’re disputing with. However, if this isn’t possible, one of our experienced legal malpractice lawyers may recommend pursuing a legal course of action. They will explain the process and help you understand what to expect.

How Can You File A Legal Malpractice Claim?

There are several steps that you can take to help your case before suing your lawyer for malpractice. First, you should request your case file from your original attorney. You should also gather all other documentation, such as emails, voicemails and other communications between the attorney and yourself that could help prove your case. Finally, contact a lawyer who is experienced with legal malpractice representation and discuss the details of what happened to you.

Our Team Can Assist You In Pursuing A Legal Course of Action

If you decide to pursue a legal course of action, then our team will be with you every step of the way. Our lawyers will handle all the paperwork and filing deadlines so that you won’t have to. Additionally, they’ll investigate your case and gather evidence to support your legal malpractice claim. They won’t be afraid to take your case to trial if that’s what it takes to get you the compensation you deserve.

Misconduct by a lawyer could result in you paying thousands of dollars, losing property rights, forfeiting custody of children or even spending time in prison. If your legal representative failed to adhere to the required standard, then our team at the Miller Injury Firm is prepared to step in and help. Our legal malpractice lawyers can explain the concept of attorney malpractice, perform an investigation into your situation, and represent your interests in and out of court. Call us today at CALL or contact us online.