What follows is a snippet of the law courts in Pennsylvania will apply to 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).
Please keep these factors mind when considering your own circumstances (even if you are still being represented by that attorney or law firm). It is incumbent on the client to bring suit within two (2) years time and therefore any questions should be communicated confidentially to a legal malpractice firm and as expeditiously as possible. LLF provides free, initial consultations — so call now: (215) 545-0600.