People who hire attorneys expect them to offer a professional standard of legal representation. After years of school and passing the bar exam, those working as attorneys should theoretically understand state statutes and how to assist their clients as they navigate various legal matters.
Unfortunately, not all attorneys provide their clients with the same caliber of representation. Some lawyers dabble in areas of law with which they are not familiar. Others may fail to adhere to professional standards.
Legal malpractice occurs when lawyers do not conform to the professional standards established for those working in the legal profession. The following are some of the warning signs of potential legal malpractice that clients should watch for when working with an attorney.
Issues with billing
Lawyers should offer transparent billing practices and comprehensive invoices. They should maintain retainers in separate accounts instead of commingling them with business funds. They also need to provide in-depth invoices affirming how they use the funds paid by a client. Financial misconduct can be an important warning sign of potential legal malpractice.
A blown statute of limitations
Lawyers generally need to advise their clients on how to properly navigate their legal issues. For those harmed by misconduct or negligence, taking timely legal action is of the utmost importance. When an attorney fails to determine the applicable statute of limitations and the client loses the right to take legal action as a result, that can be an indicator of incompetence.
Confusion on basic statutes or precedence
Attorneys should have a working understanding of the laws and prior court rulings that influence the area of law that they practice. If an attorney lacks basic knowledge that others in the same field can readily reference when handling client inquiries and cases, that may be an indicator of malpractice.
Absences at important moments
Clients should be able to rely on their lawyers to be physically present at court hearings or during scheduled meetings with other parties. An attorney who fails to manage their schedule and does not show up at key moments can put their client at a major disadvantage.
Undisclosed conflicts of interest, bad legal advice and other signs of incompetence can also be warning signs of malpractice. In general, if an attorney’s behavior deviates from best practices or seems inappropriate to another licensed lawyer, then the situation may constitute legal malpractice.
Reviewing a lawyer’s conduct and the impact it had on a case with a legal malpractice legal team could help people determine if they are in a position to take legal action against an attorney who negatively affected the outcome of their legal matter.