| Updated: 4/13/2007 5:36 pm |
Published: 4/13/2007 5:36 pm
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Malpractice is defined as the failure of a professional to provide reasonable care to a client. When you enlist the services of an attorney, you're entitled to receive skilled representation. If your lawyer makes errors at trial, you might have the grounds to sue for malpractice. In order to do so, the burden of proof is on you. You'll need to demonstrate that you could have won the case if it weren't for negligence on the part of your attorney. This means you'll have to show that indeed the malpractice occurred and also that your case was not successful as a direct result of the lawyer's actions. If you were offered a significant settlement, it could appear in court that your case was fair and that negligence didn't interfere with the case. There's usually a statute of limitations dictating how long you have to file a malpractice suit, and these differ depending on your location. An attorney can give you more specific information about the laws in affect in your area.