Real estate transactions are often the costliest undertakings individuals ever complete. People buying or selling homes have a lot of exposure during that process. Those seeking to acquire or list commercial properties also need to think about protecting themselves...
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Legal Malpractice
What are a lawyer’s fiduciary duties to clients?
Lawyers have a fiduciary relationship with their clients. They have fiduciary duties, which are legal responsibilities, to always act in their client’s best interest. The client typically trusts that their lawyer will act within the scope of their duties. There are a...
Why many attorneys refer out cases for repeat clients
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...
Why is a conflict of interest a problem?
In some cases, a lawyer or an attorney may have a conflict of interest. If this is significant to the case, they may be required to remove themselves from that case. They cannot offer proper legal counsel. But what is the problem with having a conflict of interest?...
3 kinds of legal malpractice in estate and probate cases
Legal malpractice involves a professional failing to conform to professional standards that results in harm. Different types of legal malpractice may occur in different areas of legal practice. For example, people who approach lawyers for assistance with probate and...
These 3 failures could be legal malpractice
All attorneys in the U.S. are held to a high standard. Attorneys are fiduciaries, which means they have a legal duty to act in the best interests of the client. If an attorney’s conduct falls below a reasonable standard, they have breached their duty of care to the...
3 billing practices that can lead to legal malpractice lawsuits
People generally expect a lawyer to charge them quite a bit for the guidance and advocacy they provide. Most lawyers charge hundreds of dollars per hour for their services. They often require that their clients pay a retainer when they first begin discussing a legal...
What are the common errors that can establish legal malpractice?
Attorneys must adhere to a high standard of professional conduct to protect the interests of their clients and ensure the integrity of the legal system. When they breach their duty to clients, legal malpractice occurs. According to California’s Rules of Professional...
Did your attorney’s substance abuse problem equal malpractice?
Maybe it’s the pressure, and maybe it’s the personality types that are attracted to the law in the first place – but the lawyers have substance abuse issues at a rate that is much higher than the average population. Approximately one out of three attorneys has a...
Can your attorney be paid by someone else?
We’ve seen in some high-profile cases recently that when witnesses replace the attorneys their employers or former employers hired for them with attorneys working solely for them, they become more forthright with the information they provided – potentially saving...