The legal field is broad, covering various areas such as business, personal injury, banking regulations, elections, social security, criminal law, transactional matters, and estate planning. Within each of these categories, there are specializations. For instance, personal injury law includes subfields like legal malpractice and product liability, while criminal law may involve SEC or RICO violations. Furthermore, some attorneys don’t practice in federal court. If your attorney lacks expertise in a particular legal domain, they have an ethical obligation to refer you to a qualified specialist.
Just because you have retained an attorney for a certain matter, such as real estate or probate, does not mean they are equipped to handle unrelated cases like criminal issues or personal injury claims. Opposing counsel might exploit an attorney’s inexperience, putting your case at risk. Therefore, it is crucial to thoroughly inquire about the attorney’s expertise and experience in the specific area where you need legal assistance.
While some lawyers are adept in multiple specializations, many stick to their primary focus. Mastery of a legal area often requires years of experience and in-depth knowledge of cases, statutes, and ongoing developments. Competency is not just about understanding the law; it is about knowing how various cases typically unfold and what strategies are effective.
Why Do Attorneys Handle Cases in Unfamiliar Legal Areas?
Sometimes, attorneys take on cases outside their areas of expertise. For example, a lawyer known primarily for handling divorce or domestic cases might agree to represent a client in a personal injury case, thinking “it’s a rear ender, how hard can it be” despite having minimal relevant experience. A case where vital aspects of a serious personal injury case are overlooked due to inexperience can significantly harm the client, making this a potential ground for malpractice.
If it appears that the client’s negative outcome was due to the attorney’s lack of knowledge—especially if the attorney had claimed competency—the aggrieved client should consult a legal malpractice attorney to evaluate the situation. In cases where the attorney should have referred the client to a more experienced practitioner, this could serve as key evidence of malpractice.
When Does a Non-Referral Constitute Malpractice?
Some lawyers often do not shy away from a client who requests representation in an unfamiliar area of the law. A lawyer who generally handles only divorce or domestic matters may feel he can competently handle a criminal matter or a personal injury case even though he has little to no experience in that field.
A lawyer who fails to advise a client that she has no experience in an area relevant to the client’s situation may be a candidate for legal malpractice if the case’s outcome is unsatisfactory but had a reasonable chance of a better outcome had the attorney been more knowledgeable or experienced. For example, an attorney who never handled a breach of contract case failed to raise obvious defenses that would almost certainly have prevailed and cost the client substantial compensation. If the attorney informed the client that he was capable of handling the case but omitted his inexperience, then this might be material evidence of malpractice since the attorney should have at least declined representation if not referred the client to an experienced practitioner in that specialized field.
Seek Help from a Legal Malpractice Attorney from Burns and Jain
The mere fact that an attorney’s inexperience led to an unfavorable result does not inherently signify legal malpractice. An attorney is expected and obligated to undertake the necessary research or to consult with more experienced colleagues to provide competent representation. To gain at least competency in a difficult area of the law requires studying cases, relevant state and federal statutes and regulations, and keeping abreast of new developments in the field to provide the necessary advice and advocacy.
If you do suspect that your attorney’s inexperience was malpractice, a legal malpractice attorney will assess how the lawyer handled the case, whether another competent lawyer would have approached it differently, and if a more favorable outcome might have been possible. If the unexpected or unfavorable result caused you financial loss, do not hesitate to reach out to Burns and Jain for a thorough evaluation of your case.
Call Burns & Jain at 617-227-7423!