Santa Cruz County Legal Malpractice Attorney

Legal Malpractice Lawyer for San Jose, Santa Cruz, Oakland, and the San Francisco Bay Area

At some point, most people need to hire an attorney about an issue or problem they are facing. Whether you had a question about divorce, needed help with a personal injury case, or were dealing with any other type of legal case, you probably hired a lawyer who you thought could help. Unfortunately, not all lawyers provide competent representation. Some attorneys may commit malpractice while handling a client’s legal matter. If you think your lawyer committed malpractice or mismanaged your case, you may be able to sue for your damages with the help from the attorneys at The Law Offices of John P. Hannon II.

What Is Malpractice?

Legal malpractice can take many different forms. Your attorney may have acted incompetently, mishandled your money, overcharged you, or violated your retainer agreement. In California, attorney conduct is dictated by ethical rules known as the Rules of Professional Conduct. A lawyer commits malpractice when he or she violates these rules. All lawyers, no matter what type of law they practice, are required to follow the Rules of Professional Conduct. Otherwise, an attorney may face sanction or disbarment. In addition to these penalties, a client may sue the lawyer to recover damages caused by the malpractice.

To prove malpractice took place, you will need to prove the following:

  • An attorney-client relationship existed;
  • Your attorney negligently represented you;
  • Your attorney’s actions caused you to suffer damages; and
  • The details of your damages.

California law allows you to seek compensation for such damages. You should consult with a malpractice attorney to explore your options if you faced the following issues:

  • Financial Issues - If your previous attorney overcharged you, we can help you recover compensation.
  • Attorney Unprepared for Trial - Attorneys have a duty to their clients to show up to trial prepared. Failure to do so may result in damages for which you can recover.
  • Mishandling of Client Matters - If an attorney mishandled anything related to your case, let us help you now and in the future.
  • Due Diligence - Did your previous attorney fail to exercise due diligence when working on your case? You may be eligible to file a claim for damages.
  • Statute of Limitations - It is imperative that you file a suit within the time allowed under the statute of limitations. If your attorney did not discuss this issue with you about your case or you were misled regarding the statute of limitations, you may seek damages for legal malpractice.

What Rights Do I Have?

When you hired your lawyer, you likely signed a contract, called a retainer. Retainers generally specify an attorney’s obligations to the client, and define the fees. A common malpractice complaint is that a lawyer charged their client unreasonable fees. Under the Rules of Professional Conduct, a lawyer’s fees must be “in proportion to the value of the services performed.” If your lawyer overcharged you, you should consult with a malpractice attorney. You could be entitled to compensation for some of those fees.

Under state law, you have rights under the retainer. If your lawyer violates the contract, he or she may have committed malpractice. Another common clause in retainers specifies what an attorney can and cannot do in your case. Your lawyer has to comply with this and must keep you informed about your case.

No matter how legal malpractice occurred in your case or what form it took, you should consult with a malpractice attorney right away. A malpractice lawyer can determine whether you are entitled to financial compensation for your attorney’s actions.

Experienced San Jose Malpractice Lawyers

At The Law Offices of John P. Hannon II, our legal team understands the devastating toll attorney malpractice can take on a client. As attorneys, we have an extensive knowledge of the Rules of Professional Conduct. As a plaintiffs’ law firm, we are dedicated to helping victims of legal malpractice. Attorney Hannon is known as the litigator the other lawyers turn to for help. He is not afraid to take your case to trial if need be, and will fight hard for your case. Contact our firm today and schedule a free consultation. We serve clients in San Jose, Santa Clara County and throughout the Bay Area.