Not every negative outcome or lost court case means that legal malpractice happened. But when someone does lose their case, if they thought they were going to win, they may believe that malpractice played a role.
Much like medical malpractice, legal malpractice means that the person‘s lawyer or attorney did not provide the level of service that was expected. They made mistakes or were negligent in some way, causing their own client to lose a case that they may have otherwise won. Below are three examples of how this could happen.
1. Using finances incorrectly
Lawyers sometimes have access to funds, such as when the client uses a retainer that is held in a financial account. If the attorney uses this money inappropriately or takes the money for themselves, this misuse of finances could be legal malpractice.
2. Deadline issues
One of the biggest issues is when the legal team misses specific deadlines. Maybe there’s a statute of limitations that could run out. Maybe they have to file certain documents with the court or show up for court dates at a precise time. Any issues with deadlines and scheduling can derail a case.
3. Mistakes with the law
Finally, some lawyers will just make errors in how they interpret or apply the law. The client has come to them because the client does not know about the entire legal process and is counting on their team to help them navigate it. But when that team makes fundamental errors, it could be legal malpractice because the client expected better guidance.
These are three potential examples, and certainly not an exhaustive list of all types of legal malpractice. But those who believe they have experienced it need to know what steps they can take moving forward.