Can I sue my lawyer if they fail to file paperwork on time?

If your lawyer hasn’t filed a lawsuit in a timely fashion, you absolutely can file a lawsuit against them.

Other situations that could be Louisiana legal malpractice

Does my lawyer have to keep our communication confidential?

Your lawyer is required to keep all your communication confidential.

Does a conflict of interest exist if my lawyer is friends with the opposing party’s attorney?

The Bar is a close-knit community of lawyers and simply because they are familiar with each other doesn’t create an actual conflict of interest in the case.

Can my attorney accept a settlement offer without my consent?

Your attorney can absolutely not accept a settlement offer without your consent.

My attorney sent me a very high bill for his services. Is this legal malpractice?

The Louisiana Bar Association has an attorney fee dispute resolution committee and you can reach out to them, and they can help you resolve billing issues. You can also go back and look at your retainer agreement and see if the bill conforms to it. It is not necessarily legal malpractice.

Does my attorney have to return my phone call?

There’s no legal or ethical violation for not returning phone calls, but there is a good practice obligation to communicate with your client.

During my initial attorney consultation, I was advised that I could recover more than I ultimately received. Can I sue my lawyer in a legal malpractice suit?

Things change during the course of representing someone and that has an effect on your recovery. Simply telling a client that he or she is going to recover more than they do is not typically legal malpractice.

My attorney has misused funds they held in my name. What can I do about it?

Misuse of funds is typically a Bar violation and you should file a complaint with the Bar Association.

Is it difficult to win a legal malpractice suit or get a full settlement?

It can be very difficult to win a legal malpractice suit. We have the “case within the case,” where you first have to prove that the lawyer made a mistake and then you have to prove that you could have won the underlying claim.

What qualities should I look for in hiring a legal malpractice attorney?

You should always try to hire the most competent lawyer you can afford. You can check the lawyer’s references and ask the pertinent questions that would address your concerns about competence and character.

Does every mistake made by an attorney constitute legal malpractice?

There are mistakes made that don’t cause damage to the client or just don’t rise to the level of legal malpractice.

Can damages be recovered if legal malpractice caused emotional distress?

In Louisiana, the courts are divided as to whether you can recover for mental anguish or emotional distress for legal malpractice.

How does one prove that emotional distress has been caused by legal malpractice?

The general principle is that you prove the negligence and then prove that but for that negligence, you would have recovered money or helped your position in your original case.

For more information on legal malpractice claims In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Pittenger Law Firm at (225) 930-4901.