People trust their lawyers to understand the law, provide them with appropriate guidance and advocate for them in court. Attorneys have to complete years of schooling and pass the state bar exam to legally practice law. They must also uphold their duty to their clients by putting their best interests first.
Most of the time, even those dealing with unfavorable outcomes to their legal affairs can recognize that their attorneys did the best job that they could given the circumstances. However, some clients may find themselves questioning whether their lawyers might have committed malpractice.
Professional malpractice can involve claims of negligent professional conduct. For example, the following types of negligent behavior might lead to legal malpractice lawsuits brought by disappointed and frustrated clients.
Displaying a lack of basic knowledge
Attorneys sometimes expand their practice into multiple areas of the law. They may take on cases without any relevant previous experience. They could potentially make major mistakes because of their lack of experience. They may be unfamiliar with relevant state statutes. There could also be judicial precedent that they fail to review and integrate into their legal strategy. When an attorney demonstrates a lack of knowledge that any competent professional in that area of practice should have, their failure to inform themselves could constitute malpractice.
Failing to review key documents
Lawyers frequently outsource the composition of briefs or petitions that they intend to submit to the courts or send as official communication. They may rely on office staff, paralegals or even artificial intelligence (AI) software to put together the documents that are necessary to resolve a legal matter. In some cases, lawyers may send letters or submit documents to the courts without reviewing them first. In those cases, there could be significant errors that could compromise the client’s legal case. Lawyers have faced censure and other penalties for submitting unreviewed documents containing inaccurate information to the courts.
Missing key appointments
Perhaps an attorney agreed to appear in court instead of a client who has a full-time job. The lawyer’s failure to appear in that scenario might lead to the client losing their case or facing significant consequences, possibly including allegations of contempt of court or a failure to appear. Other times, lawyers might fail to manage their schedule appropriately and may not show up for meetings between their clients and another party embroiled in a dispute. They might miss mediation sessions or document signings. The failure to fulfill promises and manage a schedule appropriately can lead to preventable and serious consequences for clients.
When an attorney’s negligence compromises the standard of representation that they provide their clients, their mistakes may constitute legal malpractice. Reviewing this kind of situation with a skilled malpractice legal team can help frustrated clients determine if they can take legal action against an attorney who has failed them.