A lawyer’s duty is to help with their legal knowledge whenever we face an unfair situation. However, some lawyers lack the expertise they claim they have. The consequences of a lawyer’s lie could be losing the legal case, plus a considerable amount of money for their services. Such misrepresentation leading to a loss is an example of legal malpractice.
Lies for fees
According to the American Bar Association, there is a total of 1,338,678 active attorneys in the U.S. The increasing number of lawyers has created a competitive system in which some lawyers lie about their credentials to get clients. Deceiving clients to increase earnings is penalized by the Model Code of Professional Responsibility and the Model Rules of Professional Conduct.
First steps for a lawsuit
If you suspect legal malpractice, check on the American Bar Association webpage if your lawyer has a license and is permitted to practice law in California. You will also see exactly when they were admitted to the bar and confirm if they lied to you about their experience. If the lawyer gave you misleading information, you need to file a complaint with the State Bar of California.
What you will need
You need to ask the lawyer for your case file to support your claim. You can also go to the courthouse to get copies of all documents related to your case. Afterward, check the contract you had with your lawyer. Some contracts specify that you need to go to arbitration before filing a lawsuit. To win a legal malpractice claim, you will need:
- Proof that your lawyer was negligent in some way
- Proof that you would have won the case if it were not for the lawyer’s lies
File the legal malpractice claim as soon as possible. Otherwise, the lawyer could use the delay as an argument against you.