Legal Malpractice Attorneys in Salt Lake City, UT
When you have a legal matter and hire an attorney, you put your trust in them to do what is in your interest. In some cases, an attorney acts negligently or carelessly. If this happens, you may need a Salt Lake City legal malpractice lawyer to help determine whether you are eligible for compensation.
At The Garner Law Firm, we understand how valuable honest and effective lawyers are. Having an attorney you can count on is essential. For over a decade, we have been getting results for our clients. Dan Garner, our founding attorney, is renowned for his commitment to his clients and for delivering results.
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What Is Legal Malpractice
Legal malpractice occurs when a lawyer breaches their duty of care to their client. The American Bar Association estimates that four out of five attorneys will be sued for malpractice. As a result of their breach of duty, their client suffers some kind of harm. If an attorney fails to meet the standard duty of care established by the Rules of Professional Conduct set by the American Bar Association, there may be grounds for legal malpractice.
Common Examples of Legal Malpractice
When an attorney agrees to represent someone, they have an ethical duty to advise them and represent them properly. Some of the more common examples of failing in these duties are:
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- Failing to meet a deadline. Failure to file a case within the statute of limitations is one of the most common areas of legal malpractice.
- Inadequate legal representation. Lack of preparation, or lack of knowledge about a case or the applicable laws, may be grounds for legal malpractice.
- Fraud. An attorney has a legal obligation to be honest with their clients. They may commit malpractice if they don’t disclose important information that could affect the outcome of your case.
- Failure to communicate. An attorney has a legal duty to communicate with their clients and keep them informed about the details of their case.
- Accepting or rejecting a settlement offer without client consent. An attorney cannot accept or reject a settlement offer without talking to their client.
- Breach of confidentiality. The attorney-client privilege means that all conversations between an attorney and their client are confidential. There are very few exceptions to this rule.
Proving Legal Malpractice
To prove legal malpractice, you need to show that your attorney failed to meet the standard of care required by your attorney-client relationship. Evidence that your legal malpractice attorney can use to prove your case includes:
- A written retainer agreement to show the attorney-client relationship
- Written communications between attorney and client, such as emails and texts
- Expert testimony about the skill and diligence another attorney in the same field would have shown in the same case
- Evidence of negligence, such as late filings
Possible Damages in a Legal Malpractice Case
The potential damages for clients seeking compensation after experiencing legal malpractice include both economic and non-economic damages. The value of a claim can be based on:
- Lost wages
- Legal fees incurred as a result of their attorney’s negligence
- The cost of hiring new legal representation
- Loss of property value
- Emotional distress
- Loss of reputation
- Loss of profits from a business deal affected by an attorney’s negligence
The specific damages depend on the facts of your case. An experienced attorney can help you calculate the damages and explain your legal rights and options.
Hire a Legal Malpractice Lawyer
If you believe you are a victim of legal malpractice, you may be eligible to seek compensation. But navigating the legal process can be overwhelming, making it necessary to hire a legal malpractice lawyer. An experienced attorney will be familiar with legal malpractice laws. They can review your case and determine its strengths and weaknesses.
A Salt Lake City legal malpractice attorney can:
- Gather evidence. This may include reviewing the original attorney’s legal strategy and actions, analyzing documents, and consulting with experts.
- Explain your rights. Once your attorney has reviewed the evidence, they can clarify if you have a case and guide you through the next steps.
- Represent you in court. If the case progresses through the court system, we will represent you at trial in the Third Judicial District Court in Salt Lake County.
FAQs
What Are the Four Elements of Legal Malpractice?
If you have a relationship with an attorney that establishes a duty of care, that duty is breached in some way, you suffered real damages, and those damages were directly the result of the breach in duty, then your situation contains all four elements of legal malpractice. Their breach of that duty establishes negligence. You must show that the breach directly caused your injury, and that you suffered measurable financial harm as a result of the breach.
What Is the Statute of Limitations for Legal Malpractice in Utah?
The statute of limitations for legal malpractice in Utah is typically four years from the date of the act of malpractice or the date the malpractice was discovered. This statute is governed by Utah Code 78B-2-307. Failing to file a claim within the specified period of time may prevent you from seeking legal action against your attorney.
What Is the Negligence Rule in Utah?
Utah follows a comparative negligence rule set by Utah Code §78B-5-818. This statute has a 50% fault bar. If a victim of an accident or negligent act is found to be 50% at fault, they are not eligible to receive any compensation from the accident. If they are less than 50% at fault, they can seek partial damages.
What Is the Average Settlement for Legal Malpractice?
There is no average settlement for legal malpractice. The amount of a settlement depends on the facts and circumstances of the case, the amount of the damages suffered, both economic and non-economic, the severity of the negligence, and the experience of the attorney. Many legal malpractice cases are settled out of court.
Contact a Legal Malpractice Lawyer
If you have suffered harm due to the negligence of an attorney, contact The Garner Law Firm. Our team has the experience and skills required to handle legal malpractice cases, and we can handle them with compassion. We understand that you might have trouble trusting an attorney after experiencing negligent representation. Contact us today.
