What This Page Covers

• Definition of Malpractice: An overview of how legal malpractice occurs when an attorney fails to represent a client in a competent and responsible manner.

• Professional Duty: A breakdown of a lawyer’s duty to protect a client’s interests and the consequences when that duty is breached.

• Common Negligence Examples: Lists specific failures, such as missing filing deadlines, ignoring motions, or disclosing confidential information unlawfully.

• Case Requirements: Explanation of the necessity to prove a “real and substantial loss” to pursue a successful claim against a former attorney.

• Firm’s Role: Information on how the firm assists in gathering evidence and planning a strategy to recover compensation for lawyer irresponsibility.

Why This Matters

• Financial Impact: Lawyer negligence can result in the permanent loss of funds needed to cover damages from an underlying accident or injury.

• Trust and Skill: Clients hire attorneys specifically for their specialized skills, and a failure to perform those duties effectively “double-victimizes” the client.

• Legal Accountability: The page emphasizes that malpractice can sometimes cross into unlawful territory, requiring civil action to hold the advocate accountable.

• Substantial Loss: Without professional intervention, proving the lawyer’s specific mistakes caused a financial loss is difficult for a layperson to navigate.

• Recovery Potential: Establishing a successful case allows victims to obtain the compensation they were originally entitled to before their attorney’s error.

Key Actions You Can Take

• Schedule a Consultation: Victims can call (317) 401-8626 to set up a free review of their potential malpractice case.

• Contact Online: Use the firm’s website to submit case details for a professional evaluation of the lawyer’s conduct.

• Gather Evidence: Work with the firm to collect documentation and records that prove the lawyer’s failure and the resulting loss.

• Plan Your Claim: Utilize the firm’s experience to effectively prepare the “case within a case” necessary for legal success.

• Seek Compensation: Take the step of filing a lawsuit to recover the settlement or judgment that was lost due to bad legal practice.

Indianapolis Legal Malpractice Lawyer

Obtain Compensation for Damages Lost to Bad Legal Practice

When you hire a lawyer to help you obtain a settlement for your injuries, you want to know they have the skills and experience to get you the compensation you deserve. Unfortunately, when your advocate fails to do their job, you lose out on the funds you need to cover all the damages from your accident. In some cases, this is a criminal offense known as legal malpractice, and you may be entitled to compensation for it. At Crossen Law Firm, we can help you build a case to get the compensation you deserve.

Schedule your free consultation with an Indianapolis legal malpractice lawyer at Crossen Law Firm today by dialing (317) 401-8626 or contacting us online.

When Legal Advocacy Becomes Unlawful

Your lawyer has a duty to not only represent you and protect your interests, but also to practice law in a competent and responsible manner. When they fail to uphold their duty, there are consequences that must follow. As their client, you may be entitled to compensation for their carelessness and irresponsibility.

Legal malpractice may occur when a lawyer:

• Fails to file paperwork before a deadline
• Fails to file a case before the statute of limitations window closes
• Does not respond to dispositive motions filed by the other party
• Breaches the contract of your attorney-client relationship
• Discloses confidential details in an illegal way

How to Build a Successful Case

When you make such an accusation against an attorney, you must be able to prove that you suffered a real and substantial loss as a result. Crossen Law Firm can help you gather evidence for your claims and ensure they are carried out effectively. With proper planning and preparation, you may be able to obtain compensation for the losses you suffered as a result of their malpractice. Let our team help.

Common Questions About Legal Malpractice in Indiana

Can you sue a lawyer for giving bad legal advice that cost you money?

Yes, you can sue a lawyer for providing bad legal advice if it qualifies as professional negligence or a breach of duty. To be successful, you must prove that the advice fell below the standard of care expected of a reasonably competent attorney and that this specific advice directly caused you financial harm.

What is the difference between legal malpractice and an ethics violation?

Legal malpractice is a civil lawsuit filed in court where a client seeks monetary damages to compensate for financial losses caused by a lawyer’s negligence. An ethics violation, however, is a breach of the Rules of Professional Conduct reported to the Indiana Disciplinary Commission, which can result in the lawyer being sanctioned or losing their license but does not directly award money to the client.

How do you prove a lawyer’s mistake actually caused your loss?

In Indiana, proving causation requires a “case within a case” approach, where you must demonstrate that you would have won or received a more favorable outcome in the original matter if the lawyer had not made the error. This means you must essentially litigate the underlying case during your malpractice trial to prove that the attorney’s negligence was the deciding factor in your loss.

Can I sue my lawyer if I lost my case because of them?

You can sue your lawyer for losing a case only if the loss was the direct result of their professional negligence rather than just an unfavorable ruling or poor strategy. You must be able to show that a competent attorney in the same situation would have handled the matter differently and that their specific failure is what led to the negative outcome.

What are the most common examples of legal malpractice cases?

The most frequent examples include failing to file a lawsuit before the statute of limitations expires and missing critical court-mandated deadlines for paperwork or motions. Other common claims involve conflicts of interest, breaching attorney-client confidentiality, or failing to inform a client about a settlement offer.

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

In Indiana, the statute of limitations for a legal malpractice claim is generally two years from the date the malpractice occurred or from when it was reasonably discovered. Failing to file within this two-year window usually results in the permanent loss of your right to seek compensation from the attorney.

Can legal malpractice occur in criminal defense cases?

Yes, legal malpractice can occur in criminal defense, but these cases have additional requirements, such as the need for the defendant to first obtain post-conviction relief or have their conviction overturned. While some states require “actual innocence,” Indiana law generally focuses on the conviction being set aside as a prerequisite for the malpractice claim to accrue.

What damages can you recover in a legal malpractice lawsuit?

You can typically recover economic damages, which represent the financial value of the settlement or judgment you would have won in the original case. These damages can also include out-of-pocket expenses, such as the legal fees paid to the negligent attorney or the costs of attempting to fix the lawyer’s mistakes in court.

 

Dial (317) 401-8626 now to schedule your free consultation and begin planning your case.