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Legal malpractice law in Constanța, Romania, pertains to the professional responsibility that lawyers have towards their clients. Legal malpractice occurs when a lawyer breaches their fiduciary duty to their client, which may have a detrimental effect on the client's case. This could include, but is not limited to, negligence, breach of contract, breach of trust, and failure to deliver promised results.
You may require legal help in legal malpractice if you believe your attorney mishandled your case leading to a loss that should have been avoidable. Absenteeism in court, improper advice, insufficient preparation, or even illegal conduct like mixing client funds with personal funds are instances where you can seek the help of a legal malpractice lawyer.
In Romania, the key aspects of local laws that are particularly relevant to legal malpractice include the Legal Profession Law No. 51/1995 and Civil Code. These laws lay out the standards of professional conduct for attorneys, the lawyer’s responsibilities towards their clients, and the recourse a client has in case of a breach.
According to the Romanian Civil Code, the statute of limitations for legal malpractice is three years from the day the client knew or should have known about the malpractice.
Yes, if you can demonstrate that the lawyer’s actions or lack thereof had a determinant negative impact on the outcome of your case.
Generally, yes. If a lawyer misses a deadline and consequently your case is dismissed or you suffer other prejudice, this can be grounds for a malpractice claim.
Damages in a legal malpractice case typically include actual losses and potentially punitive damages, decided by the court.
Refunds are usually given for unearned fees and costs that were paid in advance but were not used.
The National Union of Bar Associations of Romania (UNBR) and the Constanța Bar Association can provide resources and guidance. Please also note the Legal Profession Law No. 51/1995 and the Romanian Civil Code cover aspects of legal malpractice in detail.
If you believe you've been victim of legal malpractice, gather all relevant documents and evidence. Discuss your situation with a lawyer who specializes in legal malpractice suits. They will guide you through the process, assess the merits of your case, and help form a legal strategy. Beginning a legal malpractice claim is a serious matter, and involves intricate proceedings and deadlines, so obtaining legal advice is crucial.
