Practice Areas

Questions About Legal Malpractice

Atlanta, Georgia

I'm not sure if my attorney did all she could for my product liability case. I didn't receive nearly what she told me I would. Could I have a case against her?
Determining legal malpractice is a very sensitive matter. A Robbins & Associates attorney will consult with you, listen to the history of the case, review the materials and help determine whether your attorney breached any of her duties during your case. Our attorney will then make a recommendation as to whether you are justified in pursuing a legal malpractice case.

How do I know if my attorney was negligent?
If your attorney did any of the following, he/she may be negligent and you may have a legal malpractice case.

Failure to file in a timely way
Failure to meet statutes of limitations
Failure to follow court orders
Failure to prepare
Failure to investigate
Failure to communicate settlement offers

What do I have to prove in a legal malpractice case?
There are three main burdens of proof in these cases:

That you and your attorney entered into an attorney/client relationship
That your attorney acted in a manner not consistent with the standard of practice for competent practitioners of the law and that your case would have turned out differently had the attorney acted properly
That you suffered a financial loss because of the malpractice.

My attorney settled my case without my consent. Is that allowed?
Possibly. You should review the retainer agreement you signed with your attorney. It's possible the agreement allows your attorney to settle a case without your consent and to sign the settlement and release agreement on your behalf. If your attorney settled your case without your permission, and you have not yet executed the settlement and release agreement, and you're unhappy with the settlement, you should tell your attorney that you do not wish to proceed with the settlement. If a check has previously been forwarded to your attorney, it is a simple matter to return the funds.

It has been virtually impossible for me to get my lawyer to return my calls. What can I do?
A lawyer not communicating with clients is the most often-cited complaint made to state bar associations. A large part of the time, the failure to communicate is not an indication of the level of time or work an attorney is actually doing on a case but is a sign of poor organizational skills on the attorney's behalf.

Send your attorney a note letting him or her know that you've been trying to reach the office and speak with him or her and would greatly appreciate a return call as well as a written update and specific responses to your questions. The letter creates a paper trail of communication with your attorney. The longer the attorney is unresponsive, especially after sending him or her a letter, the stronger a case for malpractice may be.

To determine if you have a legal malpractice case in Atlanta or anywhere in Georgia, please call or email one of our experienced legal malpractice attorneys today to schedule your free initial consultation.

6000 Lake Forrest Drive Suite 315, Atlanta, Georgia 30328

404-252-8117 | 800-772-5555 | Contact Us

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