An American Bar Association educational tract provides some relevant and interesting information concerning legal representation, which we spotlight for our readers in today's post.
An initial point the ABA makes stresses the reciprocal and "two-way" relationship that necessarily exists between a client and his or her attorney in California and elsewhere.
To wit: The former needs to make all reasonable efforts to support a retained lawyer by providing documentation, being candid, paying money that is owed and so forth. And the latter must act in a professional manner.
Sometimes things become truly problematic regarding an attorney's representation. This question might then arise: Have things simply not worked out optimally between a client and a reasonably competent and responsive lawyer or, conversely, does the disconnect owe to substandard legal care that is being rendered?
Although that can sometimes be a bit difficult to answer, there are often strong clues that point to bad-faith, unethical and subpar lawyering when a client matter implodes.
A proven legal malpractice attorney can readily recognize those catalysts.
Incompetence might be apparent, for example. An attorney might have clearly misunderstood or misapplied relevant law in a case or failed to abide by court rules.
Or perhaps a clear lack of diligence is on display regarding a lawyer's representation. That might be centrally marked by incessant delays or missed deadlines.
Lapsed communication is key to a workable client-lawyer relationship. When an attorney closes off that channel, a client is left in the dark regarding his or her case.
Numerous other indicators also exist that point toward deficient legal performance. Those can center on fee irregularities, a conflict of interest that an attorney has in a matter, or counsel's breach of a confidentiality obligation.
An individual with questions regarding legal representation might reasonably want to consult with an experienced legal malpractice attorney to discuss concerns and options.