Best Legal Malpractice Lawyers in Maine

About Legal Malpractice Law in Maine, United States

Legal malpractice occurs when an attorney fails to perform their legal duties competently, causing harm or loss to their client. In Maine, legal malpractice claims arise when a client believes their lawyer’s negligence or wrongful actions directly resulted in financial or legal harm. These cases can be complicated, requiring a thorough understanding of both the original legal matter and the professional standards attorneys must follow in Maine. The state’s laws provide specific guidelines and timeframes for pursuing legal malpractice claims.

Why You May Need a Lawyer

You may need the assistance of a lawyer experienced in legal malpractice if you believe:

• Your attorney failed to meet important deadlines, leading to the loss of your case.
• There were conflicts of interest your attorney did not disclose, impacting your legal matter.
• Your attorney gave you incorrect legal advice, resulting in personal or financial losses.
• Your lawyer misused your funds or mismanaged your case.
• Your attorney settled your case without your proper consent.

Legal malpractice cases can become highly technical because they often require proving what would have happened if your attorney had acted correctly. Consulting with a knowledgeable legal malpractice lawyer in Maine improves your chances of navigating these complex issues and achieving a fair resolution.

Local Laws Overview

Maine law defines the standards that attorneys must meet through rules adopted by the Maine Bar and case law precedents. To succeed with a legal malpractice claim in Maine, a client must generally prove:

• There was an attorney-client relationship, creating a duty of care.
• The attorney breached that duty by not meeting applicable professional standards.
• The client suffered damages directly because of that breach.
• The outcome of the underlying case would likely have been different but for the attorney’s actions.

Maine imposes strict deadlines for filing legal malpractice claims. Most cases are subject to a six-year statute of limitations, starting from the time the alleged malpractice occurred or was discovered. However, certain circumstances can affect these deadlines, so it is important to act promptly.

Additionally, Maine attorneys must follow the Maine Rules of Professional Conduct, overseen by the Board of Overseers of the Bar. Violations of these rules may provide a basis for discipline or civil liability.

Frequently Asked Questions

What is legal malpractice?

Legal malpractice is when an attorney fails to provide services to a client in accordance with professional standards, resulting in harm or loss to the client.

How do I know if my lawyer committed malpractice?

You may have a legal malpractice case if your attorney’s errors, omissions, or misconduct directly caused you to lose a case, face financial losses, or suffer other damages that could have been avoided through competent legal representation.

What do I need to prove in a legal malpractice case in Maine?

You need to show that you had an attorney-client relationship, the attorney was negligent or breached a duty, that you suffered measurable damages, and that the breach caused the damages.

How long do I have to bring a legal malpractice claim in Maine?

Generally, you have six years from when the negligent act occurred or was discovered, but certain situations can alter this period. It is best to consult a lawyer as soon as you suspect malpractice.

Can I file a complaint against my lawyer with the state bar?

Yes. The Maine Board of Overseers of the Bar accepts and investigates complaints about attorney conduct, which can result in disciplinary action.

Can I recover damages for emotional distress?

In Maine, compensation in legal malpractice cases is usually limited to measurable financial losses directly caused by the attorney’s conduct. Emotional distress claims are rare unless accompanied by other types of damages.

Do I need to hire an expert to prove my case?

Most legal malpractice cases in Maine require an expert witness, usually a qualified attorney, who can testify about the standard of care and how it was breached in your case.

What happens if my lawyer simply made a mistake?

Not every mistake is malpractice. The error must fall below the accepted standard of professional conduct and cause you actual harm. Some honest mistakes do not qualify as actionable malpractice.

Can I sue my former lawyer if I lost my case?

Only if you can show your lawyer’s breach of duty directly caused your loss or damages. Simply losing a case is not enough without proof of negligence.

How can I find a legal malpractice attorney in Maine?

You can search the Maine State Bar website, ask for referrals, or contact local legal aid organizations for guidance on finding an experienced legal malpractice attorney in your area.

Additional Resources

If you are considering a legal malpractice claim in Maine, you may find help from the following organizations:

• Board of Overseers of the Bar: Regulates attorney conduct and provides a complaint process for clients.
• Maine State Bar Association: Offers a lawyer referral service and educational materials for the public.
• Maine Attorney General’s Office: Can provide consumer protection resources and information about legal rights.
• Local Legal Aid Organizations: May provide assistance or referrals for legal malpractice and other civil matters.

Next Steps

If you believe you have been harmed by your attorney’s actions or omissions:

• Collect all documents related to your original case and your lawyer’s actions.
• Write down a summary of what happened, including dates, advice given, and any communications with your attorney.
• Consult with a legal malpractice attorney in Maine as soon as possible to discuss your situation and potential options.
• If your complaint involves unethical behavior, consider filing a complaint with the Maine Board of Overseers of the Bar.
• Take prompt action due to the statute of limitations.

Remember, legal malpractice cases are complex. Seeking help from an experienced attorney will improve your ability to protect your rights and pursue any compensation or relief you are entitled to under Maine law.