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Legal Malpractice includes situations where an attorney, due to negligence, breach of contract or breach of fiduciary duties, causes damage to a client. In Deli Serdang, as in the rest of Indonesia, a lawyer can face seriously consequences if they found guilty of such acts, including disbarment and claims for compensation from the wronged client. The attorney must be proven to have made a mistake that no reasonable attorney would have made in the same circumstances.
You may need a lawyer if you believe your current or previous attorney did not act in your best interests, or if they failed to perform their duties competently, resulting in harm to your case or financial situation. Common examples include missed deadlines, poor preparation, failure to apply the law correctly, or improper case management.
Under Indonesian law, specifically the Law No. 18 of 2003 regarding Advocates, a lawyer can be held responsible for legal malpractice. Lawyers are expected to adhere to professional standards and the code of ethics established by the Indonesian Advocates Association (PERADI). If they fail to do so, they can be prosecuted and held liable for any harm suffered by the client as a direct result of their actions.
Legal malpractice consists of any act of negligence, breach of contract or breach of fiduciary duties committed by an attorney which leads to harm to the client. These can include errors, omissions, conflict of interest, or breaching attorney-client confidentiality.
To prove legal malpractice, one must demonstrate that the attorney committed an error that a reasonable attorney would not have made under the same circumstances, and that this error led to a harmful outcome for the client.
Yes, if your lawyer has caused you harm due to their professional negligence, you are within your rights to launch a malpractice lawsuit against them.
If your legal malpractice lawsuit is successful, the court will usually order compensation equal to the financial damage you suffered due to your attorney's negligence or misconduct.
The specifics can vary, but under most circumstances, you should file a legal malpractice lawsuit within 2 years from the date you first become aware of the malpractice, or the date you reasonably should have become aware of it.
For additional assistance or advice, consider seeking help from institutions such as the Indonesian Advocates Association (PERADI), Legal Aid Institute (LBH), or other non-profit legal aid organizations. Additionally, you can consult legal resources available from Indonesia’s Ministry of Law and Human Rights.
If you suspect you're a victim of legal malpractice, you should immediately consult with another attorney to evaluate your case. It's important to gather all relevant documents and evidence for this consultation. If the attorney advises you to proceed with a malpractice claim, they will guide you through the necessary legal steps.
