The attorney-client relationship is one of the most important relationships in our society. Clients confide in their attorneys and expect that their legal matters are handled ethically, and competently. Attorneys owe their clients fiduciary duties, and they are obligated to practice in a manner that upholds a reasonable professional standard of care.

Unfortunately, not all attorneys are created equal. And not all attorneys always operate in a manner that is in the best interest of their clients. Some attorneys are simply not as good as others, but because of the position of trust, attorneys have the ability to cause serious harm to their clients if they fail to uphold standards of care. When standards of professional care are not upheld, clients have rights against their attorneys for legal malpractice and breach of fiduciary duties.

Legal malpractice is a formal way of describing professional negligence committed by a lawyer. Buche & Associates can represent clients whose former attorneys provided legal services at a level below the professional standard of care, and who caused damages. We have offices in Austin and Houston, but we have represented clients and various civil matters throughout the country. When an attorney fails to put their clients’ best interests first and negates their fiduciary duties, they can be held liable.

Are You a Victim of Legal Malpractice?

Medical practice is often clear: a surgeon operates on the wrong leg. Legal malpractice, on the other hand, isn’t always easy for a client to spot because they aren’t always aware of legal processes and procedures and the injury may take some time to even see. In short, it can be difficult for clients to understand if their lawyer failed in their obligations. The attorneys of Buche & Associates investigate these cases. They can help determine if the attorney could have avoided harming their client and if they were truly negligent under applicable legal standards.

What Are Some Common Types of Legal Malpractice?

Professional legal malfeasance can take many forms. In some cases, it could be missed deadlines. In others, it could be related to operating outside of appropriate fields of expertise or experience, and causing a bad result. In other cases, undisclosed conflicts of interest can also cause harm. While grievance boards may provide some relief to clients, they may not always help clients with the financial consequences of bad legal representation. Sometimes, the only way to deal with bad attorneys is by hiring good ones.
Some of the common types include:

• The attorney missed required deadlines and / or court dates
• The attorney charged exorbitant rates in relation to other law firms
• The attorney mishandled client funds
• The attorney mishandled client property or files
• The attorney had a conflict of interest that was not disclosed to the client
• The attorney provided counsel that was not up to date with the relevant law
• The attorney charged for services that were never provided
• The attorney made improper guarantees
• The attorney settled without your consent
• The attorney botched cases because of lack of preparation, or relevant experience
• The attorney engaged in inappropriate, unprofessional, or illegal conduct

If you encountered these or other types of legal malpractice, you may be entitled to damages. According to state laws, attorneys must provide a certain standard of care. If they fail to do that, they may be liable.

Holding Attorneys Accountable

It can be immensely frustrating to be the victim of legal malpractice. Cases of legal malpractice aren’t simply frustrating. When an attorney violates a client’s trust, the situation can wreak havoc on the client’s life. While some clients might be inclined to drop less consequential matters, others may seek recompense for the poor service they endured. Filing a claim may result in compensation for damages.

How to Prove a That Legal Malpractice Occurred

Trust is at the heart of the attorney-client relationship. When an attorney undermines this relationship through inaction, negligent action, or provides counsel that causes the client damages, there can be a case of malpractice. In some of these instances, the client may be eligible for legal fees, and damages that include the compensation the client may have obtained were it not for the attorney’s negligence or breach. To prove a claim of legal malpractice, we must prove that:

• An attorney-client relationship existed
• The attorney breached the duty of care
• The attorney’s breach or negligence caused a client damage
• The client suffered financial damage because of the attorney’s conduct

According to the law, an attorney can be liable for mishandling funds belonging to the client, for failing to meet deadlines, for engaging in unfair practices, for breaching the duty of confidentiality, for fraud, and for other matters related to negligence. To prove legal misconduct, the law requires that we prove that the attorney involved in the case failed to provide the standard of care that they were obligated to provide in accordance with the state bar and legal custom, causing the client to suffer damages that could have been prevented.

An Attorney’s Duty of Care to Their Client

When an individual trains and adopts the law profession, they presume to exercise their duties on behalf of someone else. The responsibility is immense, but to accept a legal matter and monetary payment, the attorney must exercise the required degree of skill and care. Attorneys are bound to represent their clients in accordance with the law. Failing to do so is failing in their duty to their client. This duty is the cornerstone of our profession. If you believe that your former attorney has caused you to suffer harm, we invite you to present your case to our attorneys to evaluate a case of malpractice.

Buche & Associates: Legal Malpractice

Attorneys who have caused damage to paying clients and violated the trust of the public and the profession can be held liable for their actions. Our firm offers professional, confidential case evaluations for clients who believe they have been harmed by their attorneys. We can help you decide whether it is in your best interest to bring a case, or assert claims against those attorneys. In some cases, we consult with other specialists to assess whether a standard of care was breached in a particular legal specialty. For instance, in a case of estate or trust malpractice, we might bring on a certified specialist to form opinions about standards of care in that industry.

Our attorneys realize that when clients have been harmed by a colleague, they deserve the utmost respect and professional expertise. We want to help clients achieve a positive resolution. If they have been harmed, they deserve compensation. We will represent our clients to the best of our abilities and in accordance with the law.

Schedule Your Consultation with Buche & Associates

Do you believe you’ve suffered damages because your former attorney was negligent? You need to consult with a legal malpractice attorney to find out if you are eligible for compensation. Sometimes a client feels that because their case went poorly, their attorney may have been negligent. In many cases, someone will endure a negative result. In matters of litigation, it’s rare for both parties to enjoy a positive result. A negative result does not suggest legal malpractice unless the attorney has committed a serious mistake such as those outlined above. If that mistake changed the course of the case and caused the client to suffer a negative outcome and damages, they may, indeed, have a case.

If you believe you have a case of legal malpractice against your attorneys, please contact us to discuss your case. There is no charge for an initial consultation. In some cases, we may agree to handle malpractice claims on a contingency.

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