When you hire a lawyer, you are placing a great deal of trust in that individual. You are trusting them to provide you with expert legal advice and to represent your interests to the best of their ability. Unfortunately, there are times when lawyers make mistakes or act negligently, which can have serious consequences for their clients. If you believe that you have been a victim of legal malpractice, here are six common examples of cases that may fall under this category.
One of the most common legal malpractice cases occurs when an attorney misses a deadline, causing their client to lose their case. This can happen for a variety of reasons, from a simple human error to neglecting their work. If you believe your attorney has missed a deadline that has harmed your case, you may have a legal malpractice claim. The first step is to speak with legal malpractice lawyers to see if you have a case. This can be a complicated area of the law, so it’s important to have an experienced attorney on your side.
Failing to File Important Documents
Another common legal malpractice claim arises when an attorney fails to file important documents in a case, such as a motion or brief. This can happen for many reasons, including human error, neglect, or simple forgetfulness. Regardless of the reason, if this error results in a loss for the client, the attorney may be held liable for legal malpractice. The best way to avoid this type of claim is to have a strong system in place for tracking deadlines and ensuring that all documents are filed on time. This system should be followed religiously to avoid any potential mistakes.
Conflicts Of Interest
It is a legal ethical violation for an attorney to have a conflict of interest in representing a client. A conflict of interest arises when an attorney has a duty to represent two or more clients whose interests are adverse to each other, or when an attorney represents a client in a matter and his own financial interests are at stake. The conflict of interest can be actual or potential. Either way, it is a violation of the attorney’s ethical duty to the client.
This is one of the most common examples of legal malpractice. An attorney who has a conflict of interest in representing a client must disclose the conflict to the client and obtain the client’s informed consent prior to proceeding with the representation. If the attorney does not obtain the client’s informed consent, he may be liable for legal malpractice.
Making Unethical Choices
Most legal malpractice cases come down to one thing: your attorney made an unethical choice. It might be something as simple as not returning your phone calls in a timely manner or overbilling you for services rendered. While these choices might not seem like a big deal, they can have a major impact on the outcome of your case. The best way to deal with an unethical attorney is to find a new one. This might seem like an extreme step, but it’s important to remember that your attorney is supposed to be working in your best interests.
The attorney-client relationship is one of trust. You trust your lawyer to have your best interests at heart and to zealously advocate on your behalf. So it’s no surprise that one of the most common grounds for legal malpractice claims is when a lawyer settles a case without their client’s knowledge or consent. This can happen in a number of ways, but usually, it’s because the lawyer is either trying to save themselves time and money, or they believe that the settlement is in the best interest of their client (even if their client doesn’t agree). If you’ve been the victim of an unauthorized settlement, you may be able to file a legal malpractice claim against your lawyer.
Lack Of Communication With The Client
The first, and perhaps most common, type of legal malpractice case is when an attorney fails to communicate with their client. This can take many forms, from not returning phone calls or emails to not keeping the client updated on the status of their case. In some instances, an attorney may simply tell their client that they are “too busy” to meet with them or deal with their case. This is a clear violation of the attorney-client privilege and can be grounds for a legal malpractice claim.
In conclusion, legal malpractice can occur in many different ways and can have devastating consequences. If you believe you have been a victim of legal malpractice, it is important to seek experienced counsel to review your case and determine the best course of action. Additionally, being proactive and taking measures to protect yourself, such as having a clear understanding of your legal rights and responsibilities, can help prevent legal malpractice from happening in the first place.