Washington, DC Legal Malpractice Attorneys
Meticulous representation for corporate clients and individuals
There is a difference between an honest mistake and an act of bad faith. Incompetent, unethical practices, and the failure to uphold fiduciary obligations, can lead to more than a negative outcome. If your attorney failed in his or her legal obligation to put your best interests first, Paulson & Nace, PLLC has the resources to assist you. Contact us in Washington, DC to discuss our legal malpractice services.
There are four elements to a successful legal malpractice claim
As your counsel, we first establish that you have a claim for legal malpractice by proving:
- An attorney-client relationship existed
- There was a breach in the duty owed to you as a client
- There is proximate cause for losses you sustained
- You suffered damages as a result
Once these elements are proven, we can determine whether or not you have cause to bring a claim.
Cases we handle
- Failure to meet deadlines. The law is clear on statutes of limitations for all claims. Failure to meet filing deadlines, or to provide discovery or other documentation, could lead a dismissal of a case.
- Breach of contract. Breach of the duty of good faith and fair dealing, and delays in meeting obligations, could give way to a breach of contract claim.
- Breach of fiduciary duty. Attorneys are bound by law to act in your best interest, which includes protecting your property and finances. This means communicating openly with you, maintaining confidentiality, and acting upon your wishes as a client.
- Conflict of interest. Failure to disclose any competing interests is cause for a legal malpractice action.
- Breakdowns in client relations. Communication breakdowns are a more common cause of legal malpractice, but failure to obtain consent or follow client-given instructions can also cause harm.
- Failure to communicate settlement offers. Litigation can be costly and inefficient, which is why parties often engage in mediation and negotiation. If your counsel fails to communicate any settlement offers, this can constitute an act of malpractice.
- Negligence. This can include failure to identify proper witnesses, failure to follow procedural rules, failure to comply with scheduling order, or any other mistake that caused you to lose your case.
- Gross negligence, intentional misconduct, and/or fraud. If your attorney was under the influence of drugs, alcohol, or a third-party, failed to show up for court, misrepresented his or her abilities or resources, engaged in fraudulent billing practices, or otherwise acted in a grossly negligent manner, you have grounds to file a legal malpractice claim.
The attorneys at Paulson & Nace, PLLC will go over your claim with you to determine whether malpractice occurred, and how to move forward with your case.
Intentional misconduct by in-house and general counsel
In-house and general counsel fill an odd niche in the legal universe. Most attorney/client relationships are between an individual or business, and the firm it hires. Because of the unique relationship an in-house legal team has to its employer, what is considered legal malpractice in some cases is often, instead, a case of intentional misconduct. If this proves true, you may have more options than simply terminating the employment contract.
Further, credible allegations of intentional misconduct can lead to licensing issues and disciplinary hearings.
Intentional misconduct may include aiding in a breach of fiduciary duties, fraudulent representation, malicious prosecution, and failing in one’s duty to foreseeable third-parties.
Why choose Paulson & Nace, PLLC to represent you?
For more than 40 years, Paulson & Nace, PLLC has offered competent, ethical counsel to clients in state and federal court. As malpractice attorneys, we understand the significant damage that can be caused when your counsel fails to operate in good faith, and within the confines of the laws. We also understand that time is money, so it is critical to strike while the iron is hot. We are effective, efficient counselors with an in-depth knowledge of the laws and constraints under which businesses operate. We are skilled negotiators who can help you reach a favorable outcome, so you and your busines can move forward. If you feel you would benefit from ADR, those services can be provided.
We have also built a reputation locally and nationally as aggressive litigators who understand how opposing counsel operates. This knowledge gives us a key advantage when it comes to identifying strengths and weakness in your case, which we leverage for the best results possible.