Examples Of Legal Malpractice
If you feel your lawyer treated you or your case in an unethical manner, or in a way that would be considered illegal, then you want to learn more about what constitutes legal malpractice. Some of the things that can lead to a successful legal malpractice suit include things like a breach of fiduciary duty, negligence and even breach of contract. You are protected by law to have certain expectations when it comes to how your lawyer handles your case and how they treat you. Here are just some things to keep in mind if you are trying to determine whether you may have a legal malpractice suit.
There can't be a conflict of interest with the parties in the case
Lawyers need to be sure they don't do something that would be considered a conflict of interest. One example of a conflict of interest would be if a lawyer who was previously your lawyer were to turn around and sue you for a new client. This would be considered a conflict of interest because the lawyer would be privy to private information about you that they wouldn't have known or had access to had they not been your lawyer in the past. A lawyer who did this wouldn't even need to realize they had previously been the person's lawyer to be found at fault.
There are errors in the planning or execution of the case
A lawyer is responsible for making sure important deadlines are met and that they are using the information they have in the best interest of their client. If a lawyer misses a deadline that costs the client to lose the case or that otherwise harms their case, this would be an error that could lead to the client having grounds to sue for legal malpractice. Also, if the lawyer has information that could make for a better outcome and they neglect to use that information, then the client may have a case against them.
The lawyer isn't knowledgeable in the laws needed to handle the case
If a lawyer isn't well-versed on the laws and other information necessary to handle a potential client's case appropriately, then that lawyer should refuse the case. If the lawyer takes the case and then proves to not be familiar with the laws and this leads to problems or bad results for the client, then the client has legal recourse.
Contact a legal malpractice attorney for more help.