Salt Lake City Attorney Malpractice Lawyers

Utah Legal Malpractice Attorneys

If you have been the victim of legal malpractice by your former attorney in Utah, contact a legal malpractice attorney at Eisenberg, Gilchrist & Morton. Simply put, malpractice can be characterized as "improper conduct." The failure to deliver professional services with the discretion, attentiveness, and most of all, proficiency expected of a lawyer under similar circumstances best embodies the definition of attorney or legal malpractice. Malpractice is not considered to be an unsuccessful case outcome if the lawyer had performed the appropriate and required duties.

Several examples of legal malpractice include:

• Conflict of interest
• Failure to file important court documents
• Not filing a claim within the time allotted for the statute of limitations
• Not providing a valid fee agreement
• Failing to inform the client of unfamiliar and large expenses
• Mishandling of funds
• Not accepting court orders
• Settling a case without the client's authorization
• Settling a case too hastily and for an unsatisfactory amount, for the purpose of quickly obtaining attorney's fees

To establish a lawyer’s negligence that demonstrates malpractice requires proof of legal causes of damage to the plaintiff. Persuasive allegations, speculation or probability of damages will not be accepted as proof. If a plaintiff is compelled to pursue monetary compensation for lawyer malpractice, your legal malpractice or lawyer negligence attorney must be able to prove that the previous attorney committed malpractice leading to an unsatisfactory and unsuccessful outcome. It is necessary for the plaintiff to prove what he would have recovered in the original legal case, and that the damages were lost or denied due to the careless dealings of the lawyer. The consultation of an expert is often used to determine if the potential plaintiff has been maltreated due to legal malpractice.

Court instruction for legal malpractice cases advises the jury that state law requires the plaintiff to establish presence of malpractice and that more prudent management of the case would have resulted in a favorable judgment and collection thereof. Because of this, the "new" attorney must litigate the "case within the case": that is, he must not only prove that the first attorney was negligent, but also that there would have been a recovery in the lawsuit the attorney was hired to prosecute. If the defendant had no insurance, or had no assets from which a judgment could be satisfied, there is no actual damage that can be recovered in the legal malpractice case.

If your lawyer has committed legal malpractice or negligence which ultimately proved to be detrimental to your case you should contact the attorneys at Eisenberg, Gilchrist & Morton today for a free consultation. There is a statute of limitations for legal malpractice claims, making it very important that you consult with a lawyer immediately. With the representation of our experienced legal malpractice lawyers, you may be able to recover compensation for your losses.