Plaintiff's Legal Malpractice Lawyer Serving Santa Clara County

California Legal Representation for Plaintiffs Whose Attorney Was Unprepared for Trial

A key feature of our legal system is the chance to have your day in court. While some cases may settle before trial begins, many other cases are often resolved at trial. Preparing for trial is an extensive process and requires a lot of attention from your attorney. Unfortunately, not every lawyer goes to trial prepared. In fact, some lawyers behave so negligently their client suffers damages. In some instances, an attorney’s malpractice may even cost the client their case. If your attorney’s lack of trial preparation negatively affected your case, consider filing a malpractice suit. You may be entitled to financial compensation, and the experienced attorneys at The Law Offices of John P. Hannon II are here to help.

Negligent Legal Representation

“Malpractice” is a somewhat vague term because many attorney actions could be considered malpractice. In California, attorneys’ actions are regulated by the Rules of Professional Conduct. The state bar association, which licenses attorneys, creates these regulations to which all lawyers are required to strictly adhere. If a lawyer violates the Rules of Professional Conduct, he or she could face serious discipline by the bar association, including losing their license to practice law. Legal malpractice is treated seriously in California, and state law allows clients to sue negligent attorneys.

If a case goes to trial, it will be resolved either by a jury decision or by a judge. Trial is one of the most important parts of litigation since it usually occurs at the end of the case. Many malpractice cases involve a lawyer who failed to prepare, or otherwise acted negligently, before or during trial. Such actions may include:

  • Sleeping through trial;
  • Failing to appear at trial;
  • Attending impaired or intoxicated;
  • Failing to present important evidence;
  • Lacking experience to properly represent you; and
  • Failing to call relevant witnesses or experts.

These are just a few examples of lack of preparation that may lose your case. When your lawyer fails to adequately represent you, and that in turn hurts your case, you may be able to seek financial compensation.

Your Damages

As a client, you can file a lawsuit against a lawyer who commits malpractice. Your suit may allow you to recover damages caused by your lawyer’s actions. In your suit, you will need to prove that you suffered harm. You may have lost your case due to your lawyer’s lack of trial preparation, and that inaction may have led to financial losses, criminal penalties, or other damages. You will need to prove to the court what specific damages you suffered in order to receive a compensation award. In addition to proving your damages, you will also need to show that:

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

Call Trustworthy Malpractice Lawyer Now

If your lawyer failed to prepare for trial, consider filing a malpractice lawsuit. The legal team at The Law Offices of John P. Hannon II can help you through a malpractice claim. For over 30 years, Attorney Hannon has helped clients throughout San Jose and Santa Clara County recover damages caused by legal malpractice. Contact our firm today to schedule a free consultation.