Here are the key factors to keep in mind if you believe you have a claim for legal malpractice.
In a trespass [legal malpractice] action, the plaintiff [the aggrieved client] must establish three (3) elements in order to recover: (1) the employment of the attorney or other basis for duty; (2) the failure of the attorney to exercise ordinary skill and knowledge; and (3) that the attorney’s failure to exercise the requisite level of skill and knowledge was the proximate cause of damage to the plaintiff. Bailey v. Tucker, 533 Pa. 237, 246, 621 A.2d 108, 112 (1993). An attorney will be deemed “negligent” if he or she fails to possess and exercise that degree of knowledge, skill and care which would normally be exercised by members of the profession under the same or similar circumstances. Collas v. Garnick, 425 Pa. Super. 8, 13, 624 A.2d 117, 120, appeal denied, 535 Pa. 672, 636 A.2d 631 (1993).
It is also important that suit be commenced within two (2) years time. Therefore any questions should be communicated confidentially to a legal malpractice lawyer as swiftly as possible.
Attorney Dimmerman provides free, initial consultations — so call now: (215) 545-0600.