Probate law can be complex. Some studies show that attorneys practicing probate law commit more malpractice than in any other practice area. Attorneys handling probate matters must protect their clients’ desires and intentions since they also function as a fiduciary, which carries a high duty of care. In some situations, attorneys may also be liable to non-client beneficiaries.
Read MoreLegal matters involving business transactions and disputes require a seasoned business attorney’s skills, experience, and knowledge. When poor or incorrect advice, a failure to investigate the facts and circumstances of a dispute, or ethical violations lead to significant business losses or even closure, clients may consider a legal malpractice claim.
Read MorePursuing or defending a legal matter requires the client’s attorney to be reasonably competent and skilled in the applicable area of law. If the attorney’s conduct fell below a certain threshold or standard of care, it may be considered legal malpractice. One aspect of incompetent representation is inadequate investigation of a case.
Read MoreLegal malpractice occurs when an attorney representing a client fails to competently handle a case that substantially harms the client. The attorney’s conduct must have fallen below a standard of care, which is possessing reasonable skills and knowledge in handling a case like other competent attorneys in the legal community would have handled. Unfortunately, certain areas of the law have more legal malpractice claims than others.
Read MoreAttorneys go through 3 years of vigorous study in the law at law school, and many have other degrees such as in business, medicine, or engineering that they can utilize in their practice. Usually, it takes a few years of experience associating with more knowledgeable and skilled attorneys in the law firm before they can attain a competent level in a particular area of the law. Other attorneys gain experience and skills by taking on less complex cases to become familiar with court rules and procedures, motion practice, and other litigation tasks. But not all attorneys, despite their advertising or assurances, are as competent as they should be.
Read MoreOne of the bedrock principles of the attorney-client relationship is attorney-client privilege. For a client and attorney in Massachusetts to speak openly and frankly about a case, the communications between the two are considered privileged and not subject to discovery or exposure to third parties, including government entities, prosecutors, and the court. This allows the client and attorney to freely discuss the issues of a case without fear of disclosure. It can include confessions to a crime or to liability in a tort or other civil matter. Frequently it goes to medical conditions that clients do not want the insurance attorneys to uncover.
Read MoreTechnology is now ubiquitous in our society and has been for some time. Cell phones, laptops or desktop computers, and tablets dominate our work and play time. Many businesses rely exclusively on digital documentation and often must retain correspondence such as emails under certain circumstances or face harsh consequences. Technology has streamlined business practices and made work more efficient for law firms but has also brought new and unique challenges.
Read MoreIt is not uncommon for clients to be unhappy with their attorneys. If the client’s claim fails or he does not obtain the expected result, the client will often blame his attorney for the poor outcome. However, not all adverse results are the result of negligence, and even if they are, proving that the result would have been different but for the attorney’s failure to act competently may not be easy.
Read MoreLegal malpractice claims are complex, often challenging, and can be expensive and anxiety-ridden. A disgruntled client, angry over the unexpected outcome of a claim or case, may turn on the attorney, blame him for the adverse outcome, and file a legal malpractice claim. Because of the time involved, expense, and stress, mediation is often recommended (or even required in some jurisdictions) once a civil suit has been filed; and usually occurs after discovery is complete or substantially complete and all parties know all of the facts that will come into evidence.
Read MoreTechnology has been a boon to many industries, saving costs, streamlining tasks, keeping data secure and paperless, and introducing new career opportunities. Law offices use technology to draft emails, to provide easy and instant access to extensive client information, e-file documents, and write briefs and motions in litigation. However, artificial intelligence (AI) can have pitfalls if attorneys fail to monitor the tasks for which AI is used.
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