Lawyer Mistakes Adding Up to Legal Malpractice in Car Accident Cases

As this calendar year is nearly over, I would like to reflect on the legal malpractice committed by lawyers in their handling of car wreck cases.  For those consumers of legal services who are unaware, not every lawyer is competent to handle car accident cases, and many who advertise for car accident cases are unqualified to handle the complex car insurance issues at the heart of every car wreck case.

Legal Malpractice And The Attorney-Client Relationship

When you enter into a representation agreement with an attorney for that attorney to represent you, you have entered an attorney-client relationship. Even if there is no formal written retainer agreement between you and the attorney, the court may still find you formed an attorney-client relationship. In cases where these relationships are formed, the attorney must not enter into other agreements or take actions that harm your interest. If they do, you might have a case for legal malpractice against them.

Legal Malpractice and Duty: Disability Disclosures

When an attorney represents you in a case, they have duties to you as a client. These duties are things that an attorney must do or not do while representing you. One of these duties is the duty to disclose or inform the court of their client’s potential disability. In Kentucky, it can matter that an attorney discloses their client’s disability because their failure to do so can harm their client.