Legal Malpractice Attorneys in Louisiana
When Your Attorney Betrays Your Trust, We Are Here to Help
You hired an attorney to solve a legal problem, not to create a new one. When you place your trust, your finances, and your future in the hands of a legal professional, you expect competence, diligence, and honesty. Unfortunately, lawyers make mistakes, and sometimes those mistakes rise to the level of negligence.
At Berniard Law Firm, we understand that being let down by a lawyer is a unique kind of frustration. It leaves you feeling helpless and skeptical of the justice system. We are here to restore that faith.
Unlike many firms that are hesitant to sue their peers, our legal malpractice attorneys are dedicated to upholding the integrity of the profession by holding negligent lawyers accountable. From our base in New Orleans to Shreveport, Baton Rouge, and Lafayette, we are ready to step in.
What Is Legal Malpractice?
It is important to understand that a negative outcome in a case does not automatically equal malpractice. The law does not guarantee a win, and an attorney is not liable simply because a judge or jury decided against you.
Legal malpractice occurs when an attorney fails to provide the quality of representation that a reasonably competent attorney would have provided under similar circumstances, resulting in financial harm to the client.
To have a viable claim in Louisiana courts, we generally must prove three distinct elements:
- Attorney-Client Relationship: A formal agreement existed between you and the lawyer.
- Negligence: The lawyer breached their duty of care through action or inaction.
- Causation and Damages: The lawyer’s negligence was the direct cause of your financial loss or the loss of your case.
Common Examples of Attorney Negligence
Legal malpractice can take many forms. We have experience handling complex claims involving various errors, including:
- Missed Deadlines (Prescription & Peremption): In Louisiana, time limits to file lawsuits are strictly enforced. Failing to file a lawsuit before the deadline (known as “prescription”) is one of the most common forms of malpractice. If your case was dismissed because your lawyer missed a date, you likely have a claim.
- Breached Fiduciary Duty: Lawyers must act in your best interest. Prioritizing their own financial gain, hiding settlement offers, or representing a conflicting interest without your waiver is a breach of this duty.
- Settled Without Consent: Generally, an attorney cannot agree to a settlement offer without your explicit permission.
- Misused Client Funds: Commingling trust, retainer, or settlement funds with personal accounts is a serious ethical violation.
- Lack of Diligence: This includes failing to conduct necessary discovery, failing to interview key witnesses, or ignoring expert consultation in complex fields.
The "Case Within a Case" Doctrine
Proving legal malpractice is often more complex than standard personal injury cases because of a legal concept known as the “case within a case.”
To win a malpractice suit, we must not only prove that your lawyer was negligent, but we must also prove that you would have won the underlying case if the lawyer had done their job correctly.
This effectively requires us to litigate two cases at once: the malpractice claim and the original case you hired the lawyer for. Berniard Law Firm has the extensive trial experience necessary to navigate this high burden of proof.
Louisiana’s Strict Time Limits
If you suspect malpractice, you cannot afford to wait. Louisiana law sets a very strict clock on filing legal malpractice claims (known as peremption).
- 1 Year: Generally, you must file a claim within one year from the date of the alleged malpractice or within one year from the date you discovered the mistake.
- 3 Years: Regardless of when you discover the error, there is an absolute limit of three years from the date of the negligent act.
Once this time expires, your right to sue is lost forever.
Why Choose Berniard Law Firm?
Finding a lawyer willing to sue another lawyer can be difficult. Many attorneys prefer not to litigate against colleagues they see in court regularly. We take a different approach.
We believe the legal profession relies on accountability. When a lawyer acts negligently, it hurts the reputation of all attorneys and harms the public. We are aggressive, thorough, and unafraid to pursue justice against other law firms, regardless of their size or reputation.
Schedule Your Confidential Consultation
Do not let a negligent attorney walk away while you pay the price for their mistakes. If you have suffered damages due to legal errors, you deserve an advocate who is on your side.
Contact Berniard Law Firm today at (504) 521-6000 or fill out our online form to schedule a case evaluation. Let us help you set the record straight.