How To Prove A Michigan Legal Malpractice Claim

 

 

In Michigan, a claim of Legal Malpractice is defined as:

Legal malpractice happens when an attorney handles a case inappropriately due to negligence or with intent to harm and causes damages to a client.

It simply means:

A lawyer fails to do his job (intentionally or unintentionally) and the client suffers as a result.

There are 4 elements of the claim:

• Element 1. An attorney-client relationship existed between the parties. An attorney-client relationship means that a lawyer was hired by a client to provide legal advice or representation, creating a bond of trust and responsibility where the lawyer must act in the client’s best interests.
  

  Facts that might support this element look like:

  * The plaintiff sought legal advice from the defendant attorney regarding a personal injury claim, establishing the intent to create an attorney-client relationship.
  * The defendant attorney provided legal counsel and drafted documents on behalf of the plaintiff, indicating an acceptance of the attorney-client relationship.
  * The plaintiff paid the defendant attorney for legal services rendered, further solidifying the existence of an attorney-client relationship.
  * The defendant attorney communicated regularly with the plaintiff about the case, demonstrating an ongoing professional relationship.
  * The plaintiff relied on the defendant attorney’s expertise and advice in making decisions related to the legal matter, affirming the attorney-client relationship.

• Element 2. The attorney acted negligently in providing legal representation. The attorney failed to perform their duties properly, which means they didn’t provide the level of care and skill expected from a lawyer, leading to mistakes that harmed their client’s case.
  

  Facts that might support this element look like:

  * The attorney failed to file the client’s lawsuit within the statute of limitations, resulting in the dismissal of the case.
  * The attorney did not conduct necessary legal research, leading to incorrect advice that harmed the client’s position.
  * The attorney neglected to communicate critical developments in the case, leaving the client uninformed and unprepared.
  * The attorney failed to adequately prepare for trial, resulting in a poor presentation of the client’s case.
  * The attorney did not respond to opposing counsel’s motions in a timely manner, jeopardizing the client’s legal rights.

• Element 3. The attorney’s negligence proximately caused the plaintiff’s injury. The attorney’s carelessness directly led to the client’s harm, meaning that if the lawyer had done their job properly, the client would not have suffered the injury or loss they experienced.
  

  Facts that might support this element look like:

  * The attorney failed to file the plaintiff’s lawsuit within the statute of limitations, resulting in the dismissal of the case.
  * The attorney neglected to conduct necessary discovery, which led to the loss of critical evidence that could have supported the plaintiff’s claims.
  * The attorney provided incorrect legal advice that caused the plaintiff to make detrimental decisions regarding their case.
  * The attorney’s lack of communication left the plaintiff unaware of important deadlines, ultimately jeopardizing their legal rights.
  * The attorney’s failure to adequately prepare for trial resulted in a poor presentation of the plaintiff’s case, leading to an unfavorable verdict.

• Element 4. The plaintiff was injured. The plaintiff must show that they were harmed or suffered damages, such as financial loss or physical injury, as a direct result of the lawyer’s negligence or failure to perform their duties properly in a legal matter.
  

  Facts that might support this element look like:

  * The plaintiff suffered a significant financial loss due to the attorney’s failure to file a timely appeal, resulting in the dismissal of their case.
  * The plaintiff experienced emotional distress and anxiety after learning that their legal rights had been compromised by the attorney’s negligence.
  * The plaintiff incurred additional legal fees while attempting to rectify the issues caused by the attorney’s malpractice.
  * The plaintiff was unable to pursue a valid claim due to the attorney’s inadequate representation, leading to a loss of potential damages.
  * The plaintiff’s reputation was harmed as a result of the attorney’s failure to properly handle a defamation case, causing lasting personal and professional consequences.

^{(See Coleman v. Gurwin, 443 Mich. 59, 503 N.W.2d 435 (1993). Charles Reinhart Co. v. Winiemko, 444 Mich. 579, 513 N.W.2d 773 (1994).)}
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Prove Your MI Legal Malpractice Claim

U.S. Civil Cases Only