People facing legal challenges hire lawyers, expecting them to understand the law and the judicial system. People often rely on word-of-mouth referrals or internet searches to select the attorneys that they hire. Clients depend on attorneys to provide them with guidance when making business decisions, managing personal injury issues or navigating the criminal justice system.
Those relying on the paid services of attorneys should be able to trust that their knowledge and experience meet a minimum established by state authorities and professional organizations. Sadly, some clients experience legal malpractice. The attorneys who represent them lack the knowledge and experience necessary to help them successfully navigate their legal matters.
They may experience a poor outcome and later realize that their lawyer’s representation played a major role in that negative outcome. Significant oversights regarding legal knowledge can potentially constitute legal malpractice.
What would other lawyers do?
Expecting a basic level of knowledge and the ability to properly research an issue is reasonable for those working with legal professionals. When evaluating whether a situation constitutes legal malpractice, discussing the matter with other professionals in the same area of legal specialization can be helpful.
These uninvolved professionals can clarify what competent lawyers might do in that situation. If there are statute laws, local ordinances or judicial precedents that an attorney clearly overlooked while assisting their clients, they may have failed to provide an appropriate standard of legal representation.
Credible claims of either professional negligence or incompetence could provide the basis for a legal malpractice lawsuit. If there is reason to suspect an egregious gap in knowledge, such as failing to acknowledge key statutes or judicial precedents that clearly apply, the client may have experienced legal malpractice.
Court records, digital communications and a host of other evidence can sometimes help validate client claims of legal malpractice. Discussing seemingly incompetent legal representation with a skilled legal team can help clients determine if they have the right to take action.