Best Legal Malpractice Lawyers in Connecticut
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Find a Lawyer in ConnecticutAbout Legal Malpractice Law in Connecticut, United States
Legal malpractice occurs when an attorney fails to perform their duties to the standard expected of a competent lawyer, and this failure causes harm or damages to their client. In Connecticut, legal malpractice law is designed to protect clients who have suffered losses due to their lawyer's negligence, ethical violations, or misconduct. These laws set out the grounds for holding attorneys accountable and the process for seeking compensation or other remedies for legal harm.
Why You May Need a Lawyer
If you believe your previous attorney mishandled your legal matter, you may consider seeking legal advice from a new attorney experienced in legal malpractice cases. Common situations where legal help may be needed include:
- Missing important deadlines, such as filing a lawsuit after the statute of limitations has expired
- Settling a case without your approval or against your wishes
- Failing to properly investigate or prepare your case
- Conflicts of interest between you and other clients
- Breach of client-attorney confidentiality
- Mishandling funds or property entrusted to your attorney
- Giving incorrect legal advice that leads to financial or legal harm
- Not keeping you informed about important developments in your case
- Ethical or conduct violations that harm your interests
Consulting with a legal malpractice attorney can help you assess whether your situation qualifies as malpractice and what remedies may be available.
Local Laws Overview
In Connecticut, legal malpractice is largely governed by court-made law, also known as common law, rather than a dedicated statute. To succeed in a legal malpractice claim, a client must generally prove:
- There was an attorney-client relationship
- The attorney acted negligently or breached a fiduciary duty
- This negligence directly caused the client harm
- The client suffered actual damages as a result
Connecticut has a statute of limitations for legal malpractice claims. Typically, you must bring a claim within three years from the date you first discovered, or reasonably should have discovered, the malpractice. However, certain exceptions and nuances may apply depending on the details of the case.
Connecticut courts often require the use of an Affidavit of Merit, which is a statement from another qualified attorney affirming that the lawsuit has merit. This requirement is meant to discourage frivolous claims.
Damages in legal malpractice cases can include lost financial opportunities, increased legal costs, and other monetary losses that directly resulted from the attorney’s mistakes.
Frequently Asked Questions
What qualifies as legal malpractice in Connecticut?
Legal malpractice in Connecticut typically involves an attorney breaching their duty of care to their client, through negligence or misconduct, which directly causes the client harm or loss.
How do I know if I have a case for legal malpractice?
To have a valid case, you must show that an attorney-client relationship existed, the attorney made a significant error or omission, and that this resulted in actual harm to you.
What is the time limit for filing a legal malpractice claim in Connecticut?
You generally have three years from the date you discovered, or should have discovered, the alleged malpractice to file a claim.
Can I sue my attorney just because I lost my case?
Not all losses are due to malpractice. Losing a case does not automatically mean your attorney was negligent. You must show that your loss was a direct result of the attorney's error or misconduct.
What kind of damages can I recover in a legal malpractice case?
You may recover financial losses directly caused by your attorney’s negligence, such as lost settlements or additional legal expenses.
Is an Affidavit of Merit required in Connecticut?
Yes, Connecticut generally requires a Certificate of Good Faith or an Affidavit of Merit from another attorney to proceed with a malpractice lawsuit.
Do I need expert witnesses in a legal malpractice case?
Most cases require expert testimony from another lawyer who can explain how your attorney’s actions fell short of the professional standard of care.
What happens if my attorney stole my money or property?
You may have both a legal malpractice claim and a complaint to the Statewide Grievance Committee. You can also seek reimbursement from the Client Security Fund if your loss involved theft.
Can I report my attorney for ethical violations?
Yes, you can file a complaint with the Statewide Grievance Committee, which investigates attorney misconduct.
Will my legal malpractice lawsuit be confidential?
Though initial communications with your new attorney are confidential, court filings and proceedings in malpractice cases are generally part of the public record.
Additional Resources
- Connecticut Judicial Branch - Offers information on court procedures, forms, and resources for self-represented individuals.
- Statewide Grievance Committee - Handles attorney disciplinary complaints and provides information on filing a complaint against a lawyer in Connecticut.
- Connecticut Bar Association - Can help you find a qualified attorney experienced in legal malpractice cases.
- Client Security Fund - Provides reimbursement for clients who have lost money due to attorney theft or dishonesty.
- Law libraries at Connecticut courthouses - Offer access to legal information and guidance on court processes.
Next Steps
If you believe you have been the victim of legal malpractice, consider taking the following steps:
- Gather any documentation, correspondence, and evidence related to your original legal matter and your attorney’s actions.
- Write down your recollections of the key events, focusing on specific errors or omissions and the impact they had on your case.
- Consult with an attorney who focuses on legal malpractice to review your situation and advise you on the strength of your claim.
- Ask about deadlines, especially the statute of limitations, to avoid missing your opportunity to file a lawsuit.
- If appropriate, file a complaint with the Statewide Grievance Committee and inquire about possible reimbursement through the Client Security Fund for financial losses involving theft or dishonesty.
A qualified legal malpractice attorney can guide you through the process, from evaluating your case through possible courtroom proceedings, and help you pursue the compensation or remedies you deserve.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.