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About Legal Malpractice Law in Charleston, United States

Legal malpractice occurs when an attorney fails to provide competent and diligent representation to a client, resulting in harm or damages. In Charleston, United States, legal malpractice cases are governed by state laws that establish the standards of professional conduct for attorneys.

Why You May Need a Lawyer

You may need a lawyer in cases of legal malpractice if you believe your attorney has breached their duty of care, causing you financial or other harm. Common situations include missed deadlines, conflicts of interest, inadequate legal research, or failure to communicate important information.

Local Laws Overview

In Charleston, legal malpractice cases are subject to the statutes of limitations, which set a deadline for filing a lawsuit. The state also requires that a plaintiff prove the attorney's negligence and resulting damages. It's important to consult with a local attorney who is familiar with these laws.

Frequently Asked Questions

Q: What is legal malpractice?

A: Legal malpractice occurs when an attorney fails to provide competent and diligent representation, resulting in harm or damages to the client.

Q: How do I know if my attorney committed malpractice?

A: You may have a legal malpractice case if your attorney breached their duty of care, causing you harm or financial loss.

Q: What damages can I recover in a legal malpractice case?

A: In a legal malpractice case, you may be able to recover damages for financial losses, emotional distress, or other harm caused by your attorney's negligence.

Q: What is the statute of limitations for legal malpractice in Charleston?

A: The statute of limitations for legal malpractice cases in Charleston typically ranges from two to four years, depending on the circumstances of the case.

Q: How do I prove legal malpractice?

A: To prove legal malpractice, you must demonstrate that your attorney breached their duty of care, and that this breach directly caused harm or damages to you.

Q: Can I file a legal malpractice claim against my former attorney?

A: Yes, you can file a legal malpractice claim against your former attorney if you believe they were negligent in their representation of you.

Q: What should I do if I suspect legal malpractice?

A: If you suspect legal malpractice, you should consult with a qualified attorney who can assess your case and advise you on the best course of action.

Q: How much does it cost to hire a legal malpractice attorney?

A: Legal malpractice attorneys typically work on a contingency fee basis, meaning they only get paid if they win your case. This fee is usually a percentage of the amount recovered in a settlement or judgment.

Q: Can I file a complaint against my attorney for legal malpractice?

A: Yes, you can file a complaint against your attorney with the state bar association if you believe they have committed legal malpractice. The bar association may investigate the matter and take disciplinary action if warranted.

Q: How long does a legal malpractice case take to resolve?

A: The timeline for resolving a legal malpractice case can vary depending on the complexity of the issues involved. It's best to consult with a legal malpractice attorney for an estimate of how long your case may take.

Additional Resources

For more information on legal malpractice in Charleston, you can contact the South Carolina Bar Association or consult with the Legal Malpractice Section of the American Bar Association.

Next Steps

If you believe you are a victim of legal malpractice in Charleston, it's important to seek legal advice as soon as possible. Consult with a qualified attorney who specializes in legal malpractice cases to assess your situation and determine the best course of action.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.