Your attorney should be the conduit between you and the legal system. Not only is your attorney obligated to be truthful, but they must also handle your case with your best interests in mind. Additionally, you attorney is required to represent you in a manner that meets a certain professional standard of care. What that means is that your attorney must be competent and prepared at a minimum. When your attorney acts in a negligent, unethical or fraudulent manner, you may be entitled to damages in a legal malpractice lawsuit. Here are the 5 most common legal malpractice scenarios to illustrate what your attorney can and cannot do when representing you.
What happens if your attorney encourages you to settle even though you may have a good chance winning at trial and securing a large payout? If your attorney knowingly misrepresents the strength of your case or fraudulently induces you to settle, then you could potentially file a legal malpractice claim against them.
Hiring an attorney to represent you in a legal matter means that a trained professional will be steering the ship that is your case. But what happens if the captain of that ship is asleep at the wheel? If your attorney misses a deadline, then you might lose your case. Fortunately, in that situation, you may be entitled to compensation by virtue of a legal malpractice claim. Here’s more on how missed deadlines can result in a legal malpractice claim, and what you can do if your attorney’s incompetence results in financial harm to you
It is widely understood that lawyers represent many different clients from all walks of life. However, as much as a lawyer might like, they can’t represent everyone. What you may not know is that the law has strict guidelines that lawyers must follow when deciding who they can represent – and lawyers who don’t abide by those guidelines face serious consequences . . .
Consider that you have been wrongfully charged with a criminal offense. You hire an attorney and the case ultimately goes to trial. Due to your lawyer’s incompetence, you are found guilty and convicted. You hire a new lawyer, and on appeal, your conviction is thrown out. Because of all the turmoil caused by your criminal case, you now sue your initial lawyer for legal malpractice . . .
Lawyers hold a special place in our society. They are seen by many as knowledgeable, admirable, and capable of protecting our rights when it matters most. When faced with a dilemma, many of us look to lawyers to pursue justice on our behalf. Unfortunately, not all lawyers live up to the idealized standard that has been promulgated . . .
How Do Legal Malpractice Claims Work?
In bringing a claim for legal malpractice (professional liability), you have to show that your attorney was negligent in the handling of your case. There are a few basic components to take into account. First, you have to show that your attorney owed you a duty of care. This is often reflected by your representation or engagement agreement. However, it could also be evidenced through an implied promise such as your attorney verbally agreeing to perform a legal service that was not specified in your legal agreement.
It is not beyond the realm of possibility that your attorney was negligent when representing you in your legal matter. Although attorneys are supposed to adhere to strict ethical standards while protecting the rights of their clients, in reality, some attorneys fall short – way short – in providing effective legal services. This could cause you to permanently lose your case, your money, and even your rights. Notably, a recent legal drama summarized below highlights incidents of potential attorney malpractice where clients alleged that their attorneys’ litigation antics cost them millions. Here’s more on what led to that tragedy and what you can do if you are a victim of legal malpractice.
Since 2011, the number of claims against lawyers which resolved by the accused lawyer’s paying the aggrieved client in the range of between $1 million and $5 million has increased by 940%.