Best Legal Malpractice Lawyers in Indiana

About Legal Malpractice Law in Indiana, United States

Legal malpractice occurs when an attorney fails to provide services that meet the standard of care expected of lawyers in Indiana, resulting in harm to the client. This area of law helps clients seek accountability if they suffer damages because of a lawyer's negligence, breach of contract, or breach of fiduciary duty. In Indiana, pursuing a legal malpractice claim requires understanding complex legal standards and meeting specific procedural rules.

Why You May Need a Lawyer

If you believe your lawyer made mistakes that harmed your legal position or financial interest, you may need a lawyer experienced in legal malpractice. Common reasons people seek legal advice in this area include:

• Missed court deadlines or statutes of limitations leading to case dismissal
• Failing to investigate or present crucial evidence in a case
• Conflicts of interest that were not disclosed or managed
• Poor communication or giving improper legal advice
• Settling a case without client approval or knowledge
• Errors in drafting legal documents such as contracts or wills
• Misuse or misappropriation of client funds

Hiring a legal malpractice attorney can help assess whether your previous lawyer's actions rise to the level of malpractice and evaluate your potential remedies.

Local Laws Overview

Indiana legal malpractice law follows certain standards and procedures:

• Elements of a Claim: Plaintiffs must prove an attorney-client relationship existed, the lawyer breached their duty, the breach caused harm, and there are resulting damages.
• Statute of Limitations: Lawsuits must generally be filed within two years from the date the alleged act of malpractice occurred. However, there may be exceptions if the malpractice was not immediately discoverable, so consulting an attorney is crucial.
• Expert Testimony: Plaintiffs often must present expert testimony to establish what the standard of care was and how it was breached.
• Damages: Damages in Indiana legal malpractice cases are typically limited to economic losses directly resulting from the malpractice. Emotional distress or punitive damages are rarely granted.
• Legal Malpractice Defenses: Common defenses include arguing that the claim is time-barred, that no harm was caused, or that the client failed to mitigate damages.

Navigating these laws can be complex, so professional legal advice is highly recommended.

Frequently Asked Questions

What qualifies as legal malpractice in Indiana?

Legal malpractice means a lawyer failed to act according to the expected standards of the legal profession, and this caused you direct harm. Examples include missing deadlines, giving incorrect legal advice, or mishandling money.

How do I know if my lawyer committed malpractice?

You must show your attorney breached their duty and that this breach resulted in actual harm or damages to you. Not all unfavorable outcomes are malpractice.

Can I sue my lawyer for losing my case?

Winning or losing a case alone is not grounds for malpractice. You must show the loss was due to your lawyer’s negligence, not just the result of an unfavorable verdict.

What is the statute of limitations for legal malpractice in Indiana?

You generally have two years from when the alleged misconduct occurred to file a claim. There are limited exceptions if you could not have discovered the issue sooner.

What damages can I recover in a legal malpractice case?

You may recover financial losses directly caused by your lawyer’s actions. Non-economic damages like pain and suffering are unusual in these cases.

Do I need another lawyer to evaluate my malpractice claim?

Yes. Legal malpractice claims are complex, and you will need a lawyer with experience in this area to assess your case and, if necessary, provide expert testimony.

Can I file a complaint instead of a lawsuit?

Yes. You can file a complaint with the Indiana Supreme Court Disciplinary Commission if you believe a lawyer acted unethically, although this does not result in compensation.

What if I cannot afford a legal malpractice lawyer?

Some lawyers take malpractice cases on a contingency fee basis, meaning they only get paid if you win money damages. Be sure to ask about fee structures during your consultation.

Is mediation or arbitration required before filing suit?

Indiana does not require mediation or arbitration in legal malpractice cases, but these options may be available if both parties agree to them.

How important is documentation in these cases?

Extremely important. Save all communication, contracts, court filings, billing records, and any evidence related to your claim and your relationship with your former attorney.

Additional Resources

Here are some additional resources for anyone seeking help or more information regarding legal malpractice in Indiana:

• Indiana Supreme Court Disciplinary Commission - Handles complaints against attorneys for unethical conduct
• Indiana State Bar Association - Can help you find a qualified lawyer and provides resources on understanding legal malpractice
• Local Legal Aid Organizations - Offer free or reduced-cost legal representation for qualifying individuals
• Law libraries and public legal information centers throughout Indiana, such as the Indiana University Maurer School of Law Library

Next Steps

If you suspect you have been harmed by legal malpractice in Indiana, consider taking the following steps:

• Collect all documentation related to your case and interactions with your former attorney
• Contact a legal malpractice attorney to review your case and options
• Be prepared to discuss the events leading to your concerns, your losses, and the timeline involved
• Consider filing a complaint with the Indiana Supreme Court Disciplinary Commission, especially if misconduct is involved
• Act promptly, since there is a strict time limit for legal malpractice claims in Indiana

Getting professional advice early can help you protect your rights and understand your potential legal remedies.