Best Legal Malpractice Lawyers in Pennsylvania

About Legal Malpractice Law in Pennsylvania, United States

Legal malpractice occurs when an attorney fails to provide services that meet the accepted standards of the profession, resulting in harm to their client. In Pennsylvania, legal malpractice is typically seen as a form of professional negligence. If you believe your attorney made errors, acted unethically, or failed to act on your behalf, you may have grounds for a legal malpractice claim. Legal malpractice cases are complex and involve a careful evaluation of both the original legal matter and the attorney’s actions.

Why You May Need a Lawyer

There are many situations where people may require legal help related to legal malpractice. Some examples include:

• If your lawyer missed an important deadline and your case was dismissed as a result.
• If your attorney had a conflict of interest that affected your case outcome.
• If you suffered financial loss because your lawyer failed to follow court orders or legal procedures.
• If your attorney settled your case without your approval or knowledge.
• If your attorney misused your funds or was dishonest in their billing practices.
• If your lawyer gave incorrect legal advice that caused you harm.

Because legal malpractice claims often require you to prove both your attorney’s error and that the outcome would have been different without it, seeking experienced counsel is important.

Local Laws Overview

In Pennsylvania, legal malpractice claims are generally based on negligence principles. To succeed in a legal malpractice case, you must establish:

• The existence of an attorney-client relationship.
• The attorney’s failure to exercise ordinary skill and knowledge commonly possessed by other attorneys in similar circumstances.
• Causation, meaning the attorney’s actions directly resulted in harm or loss.
• Damages, which could be financial or otherwise measurable harm.

The statute of limitations for legal malpractice claims in Pennsylvania is generally two years from the date you knew or should have known about the malpractice. Some exceptions or tolling may apply depending on the facts of your case. The law also requires showing that the underlying legal action would likely have been successful if not for your attorney’s negligence, known as the "case within a case" requirement.

Frequently Asked Questions

What is legal malpractice?

Legal malpractice happens when a lawyer fails to perform according to the accepted standards of the profession and their client is harmed as a result.

How do I know if I have a legal malpractice case in Pennsylvania?

You may have a case if there was an attorney-client relationship, the attorney was negligent, their negligence caused you harm, and you sustained actual damages.

What are some common examples of legal malpractice?

Examples include missing court deadlines, failing to submit documents, conflicts of interest, poor legal advice, and failing to communicate with the client.

How long do I have to file a legal malpractice lawsuit in Pennsylvania?

Generally, you have two years from the date you discovered or should have discovered the malpractice, with some exceptions based on specific circumstances.

Do I need another lawyer to pursue a legal malpractice claim?

Yes, it is strongly advised to hire an attorney who specializes in legal malpractice because these cases require knowledge of both legal proceedings and malpractice law.

What must I prove to win a legal malpractice case?

You must show your attorney acted negligently, their actions caused your harm, and you suffered quantifiable damages. You must also prove that the outcome of your case would probably have been better without their error.

Can I sue for emotional distress caused by my attorney?

Most legal malpractice claims in Pennsylvania are limited to financial damages. Emotional distress claims are generally not recognized, unless the attorney’s conduct was especially outrageous.

What if my lawyer lost my case? Is that malpractice?

Not every lost case is malpractice. You must prove that your attorney’s conduct fell short of professional standards and directly caused your loss.

Can I file a complaint with a disciplinary board?

Yes, you can file a complaint with the Pennsylvania Disciplinary Board if you believe your attorney acted unethically, even if you are not seeking financial compensation.

How are damages calculated in a legal malpractice claim?

Damages are typically calculated based on the financial losses you suffered as a direct result of your attorney’s negligence.

Additional Resources

If you need additional support or information about legal malpractice in Pennsylvania, the following organizations and agencies may be helpful:

• Pennsylvania Disciplinary Board: Handles complaints and attorney discipline.
• Pennsylvania Bar Association: Offers lawyer referral services and educational resources.
• Local county bar associations: May provide referrals and assistance finding legal malpractice attorneys in your area.
• Legal Aid organizations: Can provide resources for individuals who qualify based on income or other factors.
• Pennsylvania Unified Judicial System: Publishes information about court rules and the Pennsylvania legal system.

Next Steps

If you believe you may have a legal malpractice claim:

• Gather all relevant documents, including any correspondence, contracts, court documents, and evidence of harm.
• Contact a qualified attorney who specializes in legal malpractice for an initial consultation.
• Act quickly, as time limits for filing a claim can be strict.
• Consider whether to file a complaint with the Disciplinary Board if your issue involves ethical misconduct.
• Prepare to discuss both your original legal matter and how your attorney’s actions may have affected the outcome.

Navigating a legal malpractice claim in Pennsylvania can be challenging, but understanding your rights and options is the first step toward seeking justice and compensation.