All attorneys in the U.S. are held to a high standard. Attorneys are fiduciaries, which means they have a legal duty to act in the best interests of the client.
If an attorney’s conduct falls below a reasonable standard, they have breached their duty of care to the client. The following three failures could amount to legal malpractice.
1. Failing to prepare
An attorney has a legal duty to prepare your case properly. They must conduct due diligence, ideally leaving no stone unturned. You have a right to receive the best possible legal representation.
Nonetheless, it’s important to note that simple errors do not necessarily constitute malpractice. For a failure to prepare to count as malpractice, it should fall well outside of the expected standards within the profession. The failure must also have caused quantifiable damages to the client.
2. Failure to communicate
Attorneys also have a duty to communicate with their clients. Parties to a legal case tend to be concerned about what’s going on, particularly in serious criminal cases. While your attorney is there to provide the best possible advice, key decisions are ultimately yours. An attorney should not make decisions without first consulting you, such as entering a plea arrangement or filing a lawsuit without your permission.
3. Failing to show up
Court hearings can be daunting. One source of comfort is knowing that someone with experience will be there to represent you. Consequently, if they don’t show up, this can cause immense stress. Not only that, but an attorney failing to show up without good reason could jeopardize your case.
If a failure by an attorney has caused you damages, you may be entitled to financial compensation. Seeking guidance will help you learn more about legal malpractice claims.