Some people assume that once they have hired an attorney, they will have assistance on hand whenever they have a legal issue in the future. They don’t need to hunt for a new lawyer, as they have already established an attorney-client relationship with a legal professional.
However, many people expecting quick and cheap advice from a lawyer they previously hired end up frustrated when that attorney refers them to a different professional. Doing so may seem rude or dismissive, but it is a smart decision that an attorney might make out of concern for their client. Lawyers who fail to refer out clients as necessary may sometimes commit malpractice as a result.
No lawyer can perfect every area of practice
Lawyers are highly-educated professionals who spend years learning about the law and how to effectively represent their clients. However, most lawyers specialize in one area of practice or a few key areas based on their interests and experience.
Attorneys need to know not just statutes that apply but also relevant court rulings. They need to know federal and state laws and also court precedents. If an attorney previously assisted a client with estate planning matters, they may not have the knowledge necessary to provide guidance on an upcoming divorce or a breach of contract matter involving the small business.
Referring return clients out to an attorney with the right specialization is a necessary practice for those working as lawyers. Choosing to handle a case without experience could be malpractice. Lawyers need to provide a professional standard of representation to their clients. The inability to do so might constitute malpractice.
If a lawyer who has never handled civil litigation previously promised to handle a complex business lawsuit, they may have failed to do proper research and may not have given their client the best information and advocacy available. Especially if an attorney did not openly advise their clients of their lack of familiarity with a certain type of law, their failure to obtain a positive outcome could serve as evidence that they should not have taken the case.
Those who have received inappropriate guidance and substandard representation may have grounds for a legal malpractice lawsuit. Taking action against an attorney for legal malpractice can lead to financial compensation for a wronged client and consequences for the lawyer. Those who question the outcome of a legal matter may sometimes uncover concerning signs of potential legal malpractice that they need to unpack.