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Legal Malpractice Mediation
A legal malpractice suit is complex and challenging to present. These expensive and emotionally charged cases can take years to litigate, often not in either party’s best interests. Mediation presents a better option.
Contact Kanter Ostler Mediation at (619) 304-2244 to discuss your case with our experienced legal malpractice mediators.
What constitutes legal malpractice?
Legal malpractice cases involve a lawyer’s breach of professional responsibilities as well as ethical violations, causing their clients to suffer financial loss. To reach the criteria of legal malpractice, several factors must be proven to establish your lawyer’s negligence.
- Your lawyer violated their duty to provide expert and capable representation by making a mistake or acting negligently.
- Their mistake or negligence resulted in personal injury that caused financial loss.
What are examples of common legal malpractice?
Actions by a lawyer that may result in a successful legal malpractice claim include:
- Failure to put their client’s interests first due to a financial conflict of interest
- Failure to convey critical decisions, such as consenting to settlement terms without consulting the client
- Failure to file a claim or meet the applicable statute of limitations or other deadlines
- Failure to inform the client of activities that will impact billing such as out-of-state travels to take witness statements or hiring independent experts
- Overbilling their client
A lawyer facing a malpractice suit can lose income or the ability to work with specific clients. Keeping the case out of the public eye is naturally desirable since all lawyers are concerned with projecting a good image.
Why choose mediation?
Mediation is critical to a jointly beneficial and satisfactory resolution of disputes. It eliminates unfairness and partiality and instead encourages mutual respect between parties.
While some cases need a court trial, most should be settled. If parties choose to mediate in the early stages of their conflict, many life-changing consequences can be avoided.
Mediation is a more sensible option for several reasons.
- Conflicts resolve more quickly and at far less cost through mediation.
- It reduces the worry and stress accompanying any dispute resolution.
- Mediation is quick and easy to initiate.
- It is the most straightforward way that opposing sides can resolve a conflict – sit down and discuss the issues.
Mediation is voluntary. All things shared in the session are confidential. Everything in mediation is done with the consent of both parties.
The parties retain control over the negotiation proceeding unlike litigation where they must abide by a judge’s decision. What’s more, the parties can back out of mediation at any time.
Parties can speak to one another in a controlled environment during mediation. They can apologize in this private setting, knowing that admission will not be made public, since confidentiality is retained in the mediation process. The courtroom does not offer these opportunities.
Parties truly interested in settling a dispute are brought together in mediation. They come to the table with a willingness to listen to the concerns and interests of the other party, confident that their conflict will be resolved.
Contact Kanter Ostler Mediation & Dispute Resolution
We can handle the most complicated legal malpractice issue in mediation. Our legal malpractice mediation attorneys can identify the important matters in your dispute and then address them by creating an atmosphere of good faith and then effectively deal with them.
Call Kanter Ostler Mediation today at (619) 304-2244 to discuss the scheduling of your mediation.