Lawyer Malpractice Philippines
The Concept of Legal Malpractice
Legal malpractice occurs when an attorney fails to perform competently, causing damage to the client. The law expects attorneys to meet a basic standard of care and expertise when representing clients. If an attorney falls short of these expectations, the client may have the basis for a legal malpractice claim.
Key Elements of Legal Malpractice
To successfully bring a legal malpractice claim, the plaintiff must establish:
- The existence of an attorney-client relationship
- Breach of the standard of care
- Causation
- Damages
Breach of Standard of Care
The standard of care that is expected from attorneys is defined by the ethical rules and regulations governing the legal profession. Not every mistake or unfavorable outcome qualifies as a breach. To constitute malpractice, the error must be one that a reasonably competent attorney would not have made under similar circumstances.
Causation and Damages
It is not sufficient to show that the lawyer made a mistake; the client must also prove that the mistake directly caused a financial loss or an adverse legal outcome.
Common Types of Legal Malpractice
Some common scenarios include:
- Failure to inform clients about important developments, such as court dates
- Failure to file documents within statutory deadlines
- Errors in drafting contracts or other legal documents
- Misappropriation of client funds
Legal Remedies
The primary remedy for legal malpractice is monetary compensation. However, disciplinary action can also be taken against the attorney by the Integrated Bar of the Philippines or other relevant bodies.
Conclusion
Legal malpractice claims can be complex and require substantial proof. If you believe you have been a victim, consult with an experienced malpractice attorney. This is an important step because proving a legal malpractice claim can be more difficult than it seems. Expert testimony may be required to establish that the attorney’s conduct fell below the standard of care, and causation can be particularly challenging to prove.