Clients put a lot of trust in their attorneys as they expect the lawyer to fight for their rights and safeguard their interests. However, when the attorney fails to perform their duties according to the expected standard, resulting in financial damage to the client, they might be entitled to sue the lawyer for legal malpractice.
Actions that could constitute legal malpractice
While legal negligence can take many forms, specific patterns of misconduct often lead to liability. Here are some actions that could constitute legal malpractice:
- Missing deadlines: If a lawyer misses legal deadlines or fails to file mandatory paperwork on time, the court could permanently dismiss the lawsuit.
- Breaching fiduciary duty: When an attorney acts in their own self interest or puts the interest of others ahead in your case, it violates both ethical and legal standards.
- Inadequate investigation or research: The lawyer must perform substantial investigation or research to prepare your case and a legal strategy for success.
- Poor settlement strategy: An attorney pressuring a client to settle for a lower settlement from the other party because of personal interests could face liability for legal malpractice.
Clients could get frustrated when a legal case doesn’t go the way they expect and think they can file for legal malpractice. However, not every mistake or loss from a lawsuit stems from legal malpractice. The line between a legal malpractice and an ordinary lawsuit could be very thin.
Evaluating your options
If you suspect you have been a victim of legal malpractice, to successfully sue an attorney, you would have to prove that your financial losses are the result of their specific mistake. If you believe your previous attorney breached their duty of care, consulting with an experienced legal professional could help you protect your rights and understand your legal options forward.