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Legal malpractice refers to the professional negligence or misconduct by an attorney, which leads to harm or loss for their client. In Mombasa, Kenya, legal malpractice is governed by both statutory and common law principles.
Legal malpractice claims may arise due to a variety of reasons, such as a lawyer failing to meet their duty of care, breach of fiduciary duty, conflict of interest, negligence in drafting legal documents, failure to file necessary paperwork on time, or providing incorrect legal advice.
Legal malpractice cases can be complex and challenging to navigate without legal assistance. You may need a lawyer in the following situations:
In Mombasa, Kenya, legal malpractice claims are typically governed by the Advocates Act, which sets out regulations for the legal profession. This act outlines the duties and responsibilities of attorneys towards their clients and provides the legal framework for addressing instances of malpractice.
It's important to note that legal malpractice claims have a limited timeframe within which they must be filed. The Limitation of Actions Act specifies the period within which a claim must be brought after the alleged malpractice occurred or when it should have been reasonably discovered.
Yes, if you believe your lawyer acted negligently or failed to fulfill their duties, resulting in harm or financial loss, you can sue them for legal malpractice. It is recommended to consult with an experienced legal malpractice lawyer to evaluate the merits of your case.
If your legal malpractice claim is successful, you may be entitled to various forms of compensation, including monetary damages to cover financial losses incurred due to the lawyer's negligence or misconduct. The specific compensation will depend on the circumstances of your case.
The time limit, or statute of limitations, for filing a legal malpractice claim in Mombasa is typically three years from the date when the malpractice occurred or was reasonably discovered. It is crucial to consult with a lawyer promptly to ensure your claim is filed within the prescribed timeframe.
Proving legal malpractice requires demonstrating that your lawyer breached their duty of care, and this breach directly caused harm or financial loss. Collecting documentary evidence, retaining any relevant correspondence, and obtaining expert opinions can help support your claim. An experienced legal malpractice lawyer can guide you through the process of gathering the necessary evidence.
Yes, complaints against lawyers in Mombasa can be lodged with the Advocates Complaints Commission. They are responsible for investigating allegations of misconduct or malpractice by advocates. It is advisable to consult with a lawyer before filing a complaint to ensure you understand the process and potential outcomes.
If you need legal advice or assistance in a legal malpractice case, consider reaching out to these resources:
If you require legal assistance in a legal malpractice matter, consider following these steps:
