Common Examples of Legal Malpractice
Like those who are in the medical profession, lawyers and other legal workers adhere to the highest professional and ethical standards. Malpractice in the law profession happens when a lawyer fails to use the ordinary skill and care that other lawyers will use in handling a similar case under similar circumstances. According to the website of the Bruner Law Firm, legal malpractice happens when an attorney negligently or carelessly fails to meet the highest standards.
When is an attorney doing a bad job that it can be considered malpractice? Here are some common examples coming from clients themselves.
The lawyer stops working on a case. Lawyers should be professional enough to handle a case until the end. If they can no longer do that, the lawyer should at least wait until there is a replacement lawyer who will handle the case.
Case was dismissed due to the lawyer not working on it. The difficulty lies not only in showing that your lawyer mishandled the case but also that if handled properly, there was a chance you could have won and gotten judgment. This way, your lawyer could have received whatever money was won had they done their work.
Lawyer settles for a far less money than what was the perceived value of the case. This is not malpractice. The lawyer may have given a lower value to your case so that you will hire them. You can always get a second opinion from another lawyer. If they think that the value of the case was indeed too low, you can replace your lawyer.
Lawyer settles without your authorization. A lawyer cannot agree to a settlement without the consent of their client. To succeed with your malpractice claim, you have to prove that the settlement your lawyer agreed to was below the real worth of the case.
You suspect that your lawyer used your money as a retainer. It is the duty of the lawyer to use client’s fund only for the case. You can raise your suspicion to your attorney’s regulatory agency.
Lawyers are hired to defend people but if they will be the ones to shortchange their clients, you have the right to sue them .