As a general rule, ( I am NOT a Hawaii attorney) failure of an attorney to exercise the degree of care, skill, and learning in representing a client that is ordinarily exercised by other attorneys under the same or similar circumstances is the first step in dertermining if legal malpractice has occured. Even though a lawyer may have been negligent because he or she failed to exercise the degree of care that would have been exercised by other attorneys under the same or similar circumstances, the lawyer is only responsible to pay damages for legal malpractice if it can be PROVEN that the client was damaged (suffered losses) because of the malpractice and that damage would not have occurred but for the malpractice---its a VERY tough standard to show.
FYI, your example added absolutely nothing to helping determine whether you were shortchanged legally.
Recommend you see (1) express your thoughts to the attorney you believe underserved you and (2) contact a HI malpractice attorney and have a chat about your options. You MAY have only a short time in which to bring such a complaint against your attorney--do not delay in meeting with a local malpractice attorney.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
It is difficult to follow your question or facts. If you think you have a legal malpractice case, find a local attorney who handles those types of cases. You still must have damages to be able to sue for. If the State ruled against you for an alleged $3500 underpayment, you have to show the attorney deviated from the accepted standard of car and that it caused you damages. Losing a case is not necessarily malpractice.
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