Best Legal Malpractice Lawyers in Nevada

About Legal Malpractice Law in Nevada, United States

Legal malpractice occurs when an attorney breaches their duty of care to a client, resulting in harm or financial loss. In Nevada, legal malpractice claims are civil lawsuits that arise when a client believes their lawyer failed to competently represent their interests or acted in a way that violated professional standards. Examples include missed deadlines, conflicts of interest, failure to follow client instructions, or providing incorrect legal advice. A successful legal malpractice claim in Nevada generally requires showing a professional relationship existed, the attorney was negligent, and the negligence caused quantifiable damages.

Why You May Need a Lawyer

There are various situations where individuals might require legal help in legal malpractice cases:

• If you suspect your attorney mishandled your case, causing you to lose your legal rights or money
• If your lawyer failed to meet filing deadlines, resulting in your case being dismissed
• If you believe your attorney had a conflict of interest that compromised your case
• If an attorney gave incorrect legal advice or made decisions without your consent, resulting in loss
• If your lawyer settled your case without your approval or for substantially less than it was worth
• If you are unsure whether your lawyer's mistake caused harm or if you have a claim

Local Laws Overview

In Nevada, legal malpractice is governed by state law and ethical rules established by the Nevada Supreme Court. Key points include:

• Statute of Limitations: In Nevada, you generally have two years from when you discover, or reasonably should have discovered, the malpractice to file a lawsuit.
• Elements of Proof: The plaintiff must prove the existence of an attorney-client relationship, the attorney’s breach of duty, that the breach caused damage, and the actual damages suffered.
• Expert Testimony: Nevada law typically requires expert testimony to establish the standard of care and the attorney’s deviation from that standard.
• Comparative Fault: If the client contributed to the outcome, Nevada courts may reduce the attorney’s liability by the client’s percentage of fault.
• Damages: Only losses directly caused by the negligence are recoverable. Punitive damages are rare and require proving intentional misconduct or gross negligence.
• Ethics Rules: Nevada lawyers must follow the Nevada Rules of Professional Conduct. Breaches of these rules may support malpractice claims, though a violation alone is not necessarily malpractice.

Frequently Asked Questions

What is legal malpractice?

Legal malpractice is when an attorney fails to act competently or violates their professional duties, directly causing harm or loss to their client.

How long do I have to file a legal malpractice claim in Nevada?

You generally have two years from the date you discover, or should have discovered, the malpractice to file a claim in Nevada.

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

You need to prove there was an attorney-client relationship, the attorney was negligent, that this negligence caused you harm, and you suffered actual damages.

Can I sue my lawyer just because I lost my case?

Not necessarily. Losing a case does not automatically mean legal malpractice occurred. You must show your attorney’s actions fell below professional standards and directly caused your loss.

What are examples of legal malpractice?

Common examples include missing deadlines, filing documents incorrectly, failing to obtain client consent, mishandling case settlements, and having improper conflicts of interest.

Is expert testimony required in Nevada legal malpractice cases?

Yes, in most cases you need an expert legal witness to explain the standard of care and how the attorney’s actions deviated from that standard.

What kind of damages can I recover?

You may be able to recover financial losses directly caused by your attorney’s negligence. This could include lost settlements, legal fees paid, or other quantifiable damages.

Does an ethics violation by my attorney prove legal malpractice?

Breaching ethical rules can support a claim but is not enough on its own to prove legal malpractice. Actual negligence resulting in harm must be shown.

Can I file a complaint with the Nevada State Bar instead of suing?

Yes, you can file a complaint with the State Bar of Nevada for attorney misconduct. However, this will not result in compensation. A lawsuit is required to recover damages.

Should I contact another lawyer if I think I was a victim of legal malpractice?

Yes. Consulting with a lawyer who specializes in legal malpractice is the best way to assess your situation, gather evidence, and determine if you have a valid case.

Additional Resources

If you need more information or want to file a complaint or seek help for legal malpractice in Nevada, consider the following resources:

• Nevada State Bar: Handles attorney discipline and complaints.
• Nevada Supreme Court: Sets ethical and professional standards for attorneys.
• Nevada Legal Services: Provides legal information and assistance on a range of issues, including malpractice.
• Local county law libraries: Helpful for researching laws and procedures related to legal malpractice.
• Legal malpractice attorneys and firms: Many offer free consultations to discuss your potential claim.

Next Steps

If you believe you have been harmed by your attorney’s actions in Nevada, the following steps can help protect your rights:

• Gather documentation related to your original legal matter and your communications with your lawyer
• Keep records of any losses or damages resulting from the alleged malpractice
• Contact an attorney who has experience with legal malpractice claims to evaluate your case
• Act promptly as there are strict time limits for filing legal malpractice lawsuits in Nevada
• Consider filing a complaint with the Nevada State Bar if ethical violations occurred, even if you are also pursuing legal action for damages