Legal Malpractice

Table of Contents

 

Nature of Claim for Professional Malpractice

The term malpractice encompasses the intentional and negligent conduct of professionals in the course of performing services for their clients. A claim against a professional is frequently based upon a claim that the professional was negligent in some way which caused damage to the client. In addition, professional malpractice may result from intentional misconduct, fraud or deceit by the professional against the client.

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Standard of Care

In performing services for a client, a professional is required to exercise a degree of care in accordance with the knowledge and skill required of an ordinary prudent member of his or her profession. This standard adopts the common-law negligence rule that the required standard of care is that of an ordinary prudent person in the same or similar circumstances, and includes the defendant's professional special knowledge and ability as one of the circumstances.

A professional's unexcused violation of a statutory or administrative regulation governing his or her profession may constitute negligence as a matter of law.

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Types of Legal Malpractice Claims

Attorneys - In representing a client, an attorney is required to exercise reasonable and ordinary care and diligence in the use and application of his or her skill and knowledge to the client's cause. Ordinarily, when an attorney engages in the practice of law, the attorney impliedly represents to the client that he or she possesses the requisite degree of learning, skill, and ability necessary to the practice of this profession. The following are some of the more common claims for malpractice against attorneys:

  1. The attorney failed to file a lawsuit and obtain service of process on the defendant prior to the running of the statute of limitations. If the lawsuit is not filed before the statute of limitations runs, any recovery on behalf of the client is forever barred.
  2. The attorney allowed the case to be dismissed for want of prosecution on the court's docket.
  3. The attorney gave legal advice to the client which was incorrect at the time that the legal advice was given, and, as a result of such incorrect legal advice, the client suffered damages.

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Do you have a claim based on legal malpractice?

If have been damaged as a result of legal malpractice, you may have a claim against the service provider. If you would like more information concerning your possible claim, then, please, fill out the following questionnaire. You may provide as much or as little of the information requested. All information which you provide to us will be kept strictly confidential. If you know of someone with a claim based upon a legal malpractice, please, E-mail them and recommend that they visit this Website, or print out this questionnaire, and ask the person to mail it to Jim L. Culpepper & Associates.

Thank you for providing this information.

First Name:
Last Name:
Number, Street & Apt.:
City:
State:
Zip:
E-Mail (required):
Day Phone:
Evening Phone:
Best time to reach you by telephone?
Fax:
Name of professional who provided service:
Name of business:
Number & Street:
City:
State:
Zip:
Telephone:
Are you currently seeing a physician? Yes No
If so, Name:
Number & Street:
City:
State:
Zip:
Telephone:
Please, describe the professional services which are the basis of your claim and how the services provided to you resulted in injury or damage to you or your property:
Please, describe the injury or damages which you suffered and an estimation of the dollar amount of such injury or damage, including medical expenses, lost wages, property damage:

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