Legal Malpractice in Northern Virginia
Legal malpractice is something that lawyers never like to talk about, but it does exist. If you have been injured as a result of attorney malpractice then you may have a basis for making a claim. The elements of a legal malpractice claim are similar to those of a medical malpractice claim.
Accountant malpractice is similar to legal malpractice. It’s a breach of contract action. The contract is between the client and the accountant and is for services which may be related to taxes, bookkeeping, or auditing, to name a few.
For both of these types of malpractice, you must prove that the conduct was substandard. In addition, you must show that substandard conduct on the attorney’s or accountant’s part caused injury to you. As is true in any professional liability claim, you must establish the standard of care. You must also prove a breach of the standard of care, causation, and damages.
Legal Malpractice Claims Are Premised on Proving the Relationship
One issue that sometimes arises in legal malpractice claims is whether or not an attorney-client relationship exists. To create that relationship, there need not be a payment of fees. It’s best for you, however, if a contract of employment with the attorney is in writing—but the agreement can be oral.
Frequently the contract is implied from the acts of the parties. It may be sufficient for a relationship to be considered established if the client sought and received advice from the attorney. Even without a formal written contract, it’s possible that email exchanges could contain evidence of an agreement between the attorney and the client.
An oral contract, in this instance, is as enforceable as a written contract. For obvious reasons, it’s better to have a fully written contract because the terms are clearer to both parties. Call or contact us for a free consultation on this matter.
In a legal malpractice action it is necessary in most instances to retain an attorney as an expert witness. That attorney acting as an expert will testify as to the standard of care, the breach of the standard of care and what damages that breach caused.
Accounting Malpractice Based on Tax Advice
Much of what accountants do revolves around tax returns and tax advice, which is a very specialized area. If you file an accountant malpractice case, you’ll have to hire a different accountant to act as a tax expert in the courtroom.
This accountant will explain the tax issues to the jury, testify to the standard of care that applies, and also explain how the accountant fell below that standard of care. Finally, they will address how the client was damaged as a result of the substandard conduct.
These are the basic elements of an accountant malpractice lawsuit. If you feel that you’ve been the victim of accounting malpractice, contact Brien Roche law.
