Representation For Legal Malpractice Claims
If you’re hiring an attorney, it is reasonable to expect him or her to perform his or her duties competently and ethically. When lawyers and their clients collide, legal malpractice claims are often the end result.
With that being said, a bad result does not always equate to malpractice. Common examples of legal malpractice include: failing to file a complaint within the statute of limitations, failing to obtain proper service of the Complaint and Summons on the Defendant, failing to meet other Court-imposed deadlines, negligent preparation of legal documents, and improper or incompetent legal advice or research.
Harmed By Incompetent Legal Counsel?
The expectation placed upon a lawyer when he or she agrees to represent a client is that he or she is competent to practice in that area of the law. Unfortunately, some attorneys may agree to represent clients in a legal area that they have little to no experience in. Others may simply fail to carry out the duties expected of them as officers of the court. If you have been harmed by incompetent legal counsel, it may be possible to pursue a malpractice claim.
It is important to remember that some form of actual harm must have occurred. Just because you may disagree with a court’s ruling or you felt that your lawyer didn’t do enough for you is not enough to sustain a malpractice claim. A financial loss, an adverse ruling due to a missed deadline or other forms of negligence are required to prevail in a malpractice suit. We can let you know whether you have a strong case.
Is Your Legal Malpractice Claim Time-Barred?
In Arkansas, legal malpractice, unlike medical malpractice claims, are still a creature of common law. The statute of limitations for legal malpractice claims is the same three (3) year statute of limitations that applies for negligence actions. The statute of limitations begins running when the negligence occurs, not when it is discovered. This can often leave the client in a situation where they are time-barred from bringing a legal malpractice claim, even though they may have only recently learned of their attorney’s error or omission.
A client who suspects that his or her attorney has committed legal malpractice should immediately seek the advice of independent legal counsel in order to avoid his or her claim being barred by the statute of limitations.
Contact Us For Help With Malpractice Lawsuits In Arkansas
At The Applegate Firm, PLLC our attorneys help individuals who have been harmed by malpractice pursue the accountability they deserve. Schedule a free consultation with our attorneys by calling (501) 510-7973. You may also contact us online and we will respond to your message promptly.