Legal malpractice occurs when an attorney fails to follow the standard of care usually expected in a particular situation. This refers to a lawyer’s breach of their professional duty or obligation to their client.
When a lawyer violates the standard of care, they may be liable for damages. Legal malpractice can involve mishandling a case, breach of contract, breaching a fiduciary duty, negligent representation, and more.
Examples of Legal Malpractice
Common examples of legal malpractice claims include:
- Not filing paperwork in a timely manner
- Not representing a client in court proceedings
- Failing to advise a client of the legal ramifications of a certain action
- Making strategic errors in handling a case
Additionally, an attorney-client relationship is not a one-way street. Clients also have an obligation to act responsibly. If a client fails to cooperate with their attorney in a reasonable way, they could be in violation of their agreement and face potential consequences.
Implications of Legal Malpractice
Legal malpractice can have serious financial or even criminal implications. An attorney may be subject to disciplinary actions, such as suspension or even disbarment. On a financial level, they can face paying hefty compensations or fines to their clients, as well as court costs and charges.
Avoiding Legal Malpractice Claims
Attorneys must take extra care to provide competent service and handle cases according to the best practices in the industry. They must also ensure that their communications with clients are accurate and complete. Additionally, attorneys should thoroughly document all work to ensure complete transparency in their actions.
By understanding what legal malpractice is and how it impacts legal professionals and their clients, attorneys can take the necessary steps to ensure they avoid such claims and protect their practice.