RE: is misrepresentation legal malpractice: what are elements a law would need to win a legal malpractice case. 1. 2. etc. . .

Asked over 1 year ago - Honolulu, HI

Id bet my life that my attorney wasn't interested in winning my public assistance\benefits hearing reguarding my disability termination. example of how bad the situation was. . . . .
if this incident was a played out by law students as a simulation while in a class room later to be critique by teacher and students. that student would have got no praise at all.but that student would be a example of how you can lose a case, for the the rest of that year. Im sure of that my attorney 's attitude and position was to lose the hearing and close the case, maybe it was the case that the state gives more than 3 million to Legal Aid every year (a grant ) or/ and she never liked me. The state owed appealant 3,500 in underpayment. At the hearing she didn't even bring it up, ETC....

Attorney answers (3)

  1. Rixon Charles Rafter III

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . More info is needed. Use Avvo's "find a lawyer" tool for a legal malpractice lawyer to discuss in detail.

  3. Josh P Tolin

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . 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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