Why You May Need to Speak to a Legal Malpractice Attorney – Part 1
Legal malpractice attorney is a serious issue that can have serious consequences. Therefore, it’s important to understand the common errors that can lead to malpractice to make sure you or your business are not at risk.
Legal malpractice includes negligent acts or errors, and omissions that lead to a breach of the standard of care expected from a lawyer. Common errors that lead to legal malpractice can range from a failure to observe deadlines to drafting a contract that is too vague or incorrect.
Knowing the common errors that lead to the activity is essential if you want to protect yourself or your company’s interests.
What is Legal Malpractice?
Legal malpractice is a term used to refer to negligent acts or errors and omissions made by legal professionals. It results when a lawyer fails to meet the standard of care expected of them legally. This type of behavior can have serious repercussions for both the client and the lawyer.
Although many of the potential causes of malpractice are straightforward, few people are familiar with each one.
Defining Standard of Care
The standard of care requires lawyers to act in a reasonably competent manner. When a potential cause of legal malpractice is determined, it’s because the lawyer acted or failed to act below the standard of care. In other words, the attorney behaved in such a way that harmed their client, which was unethical in nature.
Common Errors or Omissions that Lead to Legal Malpractice
Some of the more common errors that lead to legal malpractice may include a failure to observe filing deadlines, drafting vague agreements, or performing little or no research. While you may not think of your lawyer as a risk to your business or to you personally, it does happen and can lead to a loss of reputation.
An error or omission occurs when a lawyer does something less than what the law requires or fails to follow a required legal procedure.
In some cases, a lawyer simply ignores a client’s instructions. This bending of the rules certainly can lead to communication problems and unwanted disputes.
Common Reasons for Legal Malpractice and How They Occur
Below is a list of some of the most common reasons for malpractice, all of which give further reasons for missed deadlines, fraud, inadequate discovery, communication mistakes, lack of consent, or for disregarding a client’s wishes. If you experience any of these problems, you need to consult with a legal malpractice lawyer without delay.
Missed Filing Deadlines
While it’s not accepted protocol, a lawyer may miss a deadline because they overlook the filling times. If this happens to you, it can lead to negative repercussions. Moreover, if a document is not filed timely, the judge may throw the case out of court.
A lawyer may also miss a deadline if it is not calendared properly.
While an attorney may have been aware of specific deadlines, they may have failed to note them on their calendar. In turn, a slew of events can occur – missed hearings, missing paperwork, and, ultimately, a default judgment.
A Misuse of Funds
When you pay a retainer, the lawyer is supposed to put the money into a trust account. If the lawyer dispenses the money into their own account, this is a misuse of funds. The most extreme example of misuse of funds is if the attorney steals the funds outright.
Inadequate Discovery
When a lawyer manages your case, it is their obligation to put time and effort into the investigation – or discovery. Discovery is part of the investigatory process where attorneys “discover” the evidence and facts pertinent to a case.
For instance, if the attorney fails to identify a key witness–someone who is instrumental to a legal case–they may be liable for legal malpractice.
Communication Mistakes
A lawyer can shatter the lawyer-client relationship if they have poor communication skills. After all, you need to have a good legal communicator to take a case to court. If you retain a lawyer who does not return calls or give you a reason for their lack of communication, you need to raise a dispute and gain help from a legal malpractice attorney.
In fact, a failure to inform a client is often used as a reason for filing a malpractice claim. This means that the lawyer, for whatever reason, did not give their client information that was pertinent and important to their case.
Failing to Apply the Law
Lawyers are expected to have a working knowledge of important legalities in their practice area. They must have the know-how to apply these rules correctly. If an attorney does not perform their job properly, fails to keep up with legal changes, or misinterprets the law, they can be held accountable.
A Lack of Consent
If a client hires an attorney for representation, the lawyer must legally receive the client’s consent before they can take legal action.
Therefore, the client outlines their goals for a case while the lawyer figures out a strategy so the client can meet their objectives. However, the lawyer cannot proceed with the case without the client’s consent.
A lawyer’s deception during a legal process–one that leads to illegal gain–shows, in most cases, that an attorney is guilty of fraud. If you believe your lawyer committed fraud, you should discuss your case with a legal malpractice lawyer.
Learn More About Legal Malpractice in the Next Blog Post
We’ll continue our discussion on legal malpractice in the next blog post and cover more reasons for the activity. We’ll also discuss how you can protect yourself.
Contact a Legal Malpractice Attorney in Los Angeles Today
Do you feel that your lawyer has abused their attorney-client privilege? Have they been less than ethical or forthcoming? If so, you need to speak to a legal malpractice attorney – someone who can help you regain what you’ve lost because of your attorney’s oversights. In Los Angeles, contact Jance M Weberman for more information on how to proceed. Contact us today.