When a Mistake Becomes a Legal Malpractice  

Meta Tags: Lawyers accidentally commit mistakes. And of course, mistakes have consequences. Definitively, a viable claim in legal malpractice will turn on the facts of the case. This article will discuss three (3) basic things to take into consideration in knowing if an attorney’s mistake justifies a lawsuit for legal malpractice.

These questions will make it clear for everyone whether a lawsuit will prosper or not:

  • Was the lawyer negligent or not? Oftentimes, client makes a due diligence on the actions of a lawyer with the comprehensive advantage of hindsight, but to know negligence, you have to put yourself in the shoes of a lawyer when the so-called “mistake” occurred. Unreasonable decisions at the time may seem to be foolhardy with the advantage of hindsight. Nor is every lawyer expected to be Perry Mason. Instead, lawyers by nature must act in coherence with the community norms and standards of care. To be simple, not every mistake reflects a breach of duty of care.
  • Did the said mistake resulted in damage or not? This is the point where the rubber meets the road in terms of legal malpractice suits. Even when a lawyer committed an apparent mistake, the same must have injured his client. A basic example of negligence is a lawyer who did not file the lawsuit prior to the statute of limitations lapsed. Even if it turned to be an inexcusable error, it manifests a probable claim for legal malpractice only if said client proves to a “legal certainty”, he or she would have won the case had it been filed on time. Also, the client must also prove the amount of money he or she would have won and said judgement proves to be collectible.
  • Were the damages significant or not? It is a known fact that legal malpractice are a bit pricey since one is essentially litigating two (2) cases: the case on legal malpractice and the original underlying case. To add to the legal fees and charges, the client will surely have to need an expert to always establish that the conduct of the attorney fell below the very standard of human care and diligence. In other words, the economic must justify the fees and charges of pursuing such litigation.

Whether mistakes gets in the realm of legal malpractice will turn on a host of other parameters, but maintaining these fundamental questions in mind is a fair start when analyzing. At the end of the day, the mistake shall be justified and shall be within the bounds of malpractice in order to be viable and might result into a positive outcome for a lawsuit.

Published by The Apartment Queen

Kaylee McMahon “The Apartment Queen” Founder of The Apartment QueenTM Founder of SheVest APP Founder of Property ManagementAI Founder of ReByKaylee LLC Residential Real Estate Brokerage -General partner/Key Principle of a 47.5 MM Assets Under Management Texas, 17.1 MM Assets Under Management Phoenix Arizona -General Partner and Key Principal Century Tree Apartments -General partner, Lead investor and Key Principal The Aspens Apartments -General partner The Meadows Apartments -General partner and Key principle in Village on University Apartments Denton Texas -General Partner Los Parados Apartments Houston Texas -General Partner The The Flats at 2030 in Phx AZ -Lead investor and Key Principle in Leuda May Apartments Fort Worth Texas Education •Bachelor’s Degree in Molecular and Experimental Nutrition Texas A&M University •Licensed Real Estate Brokerage owner in the State of Texas Kaylee has purchased over 64 million in multifamily real estate as General partner and principle. She sold over 3 million dollars in residential real estate before transitioning into her current full time syndication role. Originally from Portland Oregon, She founded the Women Who Invest Wednesday networking group in Dallas, which is also digital, and a podcast called #1 leading ladies. She interviews kick-ass women who are disrupting their industry and the REAL story of how they got where they are. She is developing technology to help make it easy and convenient for women to learn how to make passive income through apartment investing-the Shevest app. Kaylee has done home flipping, note buying, active / passive investing in apartments, and sometimes is her own lender as she feels that to be truly confident in giving advice, one should NEVER take advice from someone who has never gone through these things themselves. Kaylee has completed hundreds of hours continuing education in real estate. In addition, she is always learning about multifamily business models to get her and her partners the best return on investment. The entire backbone of what gets Kaylee out of bed everyday is her “why”. At a 30,000 foot view it is to create financial independence and space for those experiencing codependency and toxic relationships which hamper their ability to visualize and then manifest what their amazing reality could be. Her company culture models this why and is “Changing the face of multifamily” to bring more women into the light as powerhouse operators, key principles, and limited partners. We will create 1 billion more female SheVestors and “givers” by 2030.

Leave a Reply

%d bloggers like this: