Whatever the cause, attorney malpractice occurs when an attorney’s representation falls below the professional standard set by other attorneys handling similar cases in the same geographic area. The most common types of legal malpractice occur as a result of the attorney’s negligence, breach of fiduciary duty, breach of contract, conflicts of interest, or intentional wrongdoing. When malpractice occurs, it is important for clients to hire competent and experienced counsel to attain the highest monetary compensation possible. Plaintiffs in malpractice cases must navigate complex standards of proof in order to prove that their former attorney, who is intimately familiar with the law, did not render competent and professional service.
Successfully Proving A Malpractice Claim
In order to prove attorney malpractice and recover damages, convincing evidence must be presented to the court, including:
- A showing that an attorney-client relationship existed;
- A showing that the attorney was negligent in the legal representation and that this negligence resulted in an injury; and
- Proof of the nature and extent of the injury.
Depending on the complexity of the case, expert witnesses may be necessary to address certain standards of proof. Our Los Angeles firm assists clients in the process of filing a lawsuit and, if necessary, going to trial against the lawyer that is alleged to have engaged in malpractice. We can help determine the appropriate strategy, whether negotiating and settling out of court, or letting a case go to trial.
Attorney Fee Disputes
As a subset of attorney malpractice, attorney fee disputes may arise for a number of reasons. Attorneys may be charging for unnecessary work or work that wasn’t completed, adding hidden or undisclosed charges to the bill, padding their hours, billing in a manner that results in increased attorney fees, or overcharging in some other manner. Our Los Angeles law firm can help you effectively settle attorney fee disputes, either outside of court or in front of a judge.
Lawyers And Unconscionable Fees
California Rule of Professional Conduct 4-200 prohibits attorneys from charging an “unconscionable fee.” The determination of what constitutes an unconscionable fee is based on the consideration of many factors, including the individual facts of each case. With the help of an experienced law firm, navigating the waters of attorney fee disputes becomes much less fraught with uncertainty. Hiring a firm with experience resolving attorney fee dispute cases is the key to a successful outcome. If attorney fees remain unpaid, clients run the risk of being sued by their former attorneys, even if the charges are actively being disputed. By having a skilled legal professional provide aggressive representation in these cases, former clients in attorney fee disputes can avoid going to court, unless absolutely necessary.
Investment Advisor Liability
State and federal laws are clear with regard to a stockbroker’s or financial adviser’s responsibility to act in the investor’s best interests. When that responsibility goes unfulfilled and investors suffer financial losses as a result, they have the right to be fully compensated. Obtaining compensation in these cases can be extremely challenging, and the assistance of a qualified lawyer can be invaluable. The law firm of Timothy D. McGonigle, PC, represents investors in a wide array of malpractice claims involving stockbroker and investment adviser liability. Attorney McGonigle has been practicing law in Los Angeles County and throughout California for more than 30 years. He is a highly respected litigator who has tried numerous cases to six- and seven-figure verdicts.
Representation For People Harmed By Securities Fraud
Mr. McGonigle is prepared to represent you in any securities fraud claim, including those involving:
- Recommending unsuitable investments
- Misrepresentation of an investment
- Making unauthorized trades
- Lack of diversification
- Excessive use of margin
- Selling away
Timothy D. McGonigle has been recognized repeatedly as one of the most effective litigators in California. During his more than 30 years practicing law, he has developed a strong concentration in the areas of lawyer malpractice and attorney fee disputes. In his capacity as a plaintiffs lawyer, he has built an impressive track record of success and a thorough body of knowledge on these topics. His success in the courtroom has resulted in a demand for his services as an expert witness and private consultant. His reputation in the California legal community for integrity and a steadfast commitment to ethical conduct makes him a natural selection for firms on either side of attorney malpractice or fee dispute proceedings.
Providing Trial Testimony On A Broad Range Of Legal Topics
Mr. McGonigle has testified at or consulted on trials regarding a variety of topics, including:
- Standard of care for lawyers
- Ethical standards and rules
- Breach of duty
- Best practices
- Attorney fees and proper billing practices
$300,000 For Legal Malpractice
Timothy D. McGonigle, Principal trial attorney with Law Offices of Timothy D. McGonigle, gained a favorable award for a homeowner in a legal malpractice case against her former attorney. Due …
$700,000 For Legal Malpractice
Principal trial attorney Timothy D. McGonigle represented an automotive design and manufacturing company in a legal malpractice suit against its former counsel, the prominent intellectual property firm Fulwider Patton. The …
“When Tim and his staff took on my case, they had hurdles created by former counsel to overcome. Even with all that was working against us, Tim and his staff used their considerable gifts and skills to successfully resolve the case.“