Legal Malpractice Archives - Page 3 of 11 - Burns

How AI Could Lead to Increased Legal Malpractice Claims in MA

Technology 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.

Failure to Inform Clients of Settlement Offers

Attorneys are held to certain standards of conduct, including advocating, and representing clients competently and exercising reasonable diligence, skills and knowledge expected of attorneys in the legal community. And, like all professionals, conducting themselves according to ethical standards.

Transactional Legal Malpractice

Legal malpractice claims arise when an attorney’s incompetence or negligence leads to a client incurring financial losses they would not have otherwise faced. This could be a result of the attorney’s failure to act competently, such as not filing a claim in the appropriate court before the statute of limitations expires. Other instances include inadequate investigation of a claim, scheduling errors leading to your claim’s dismissal, exclusion of evidence and witnesses, failure to communicate with a client, and more.

Legal Malpractice from Poor Communication

It is essential to have the best legal representation when dealing with a claim against another party or when you are the defendant. You need an attorney who is dedicated to your case, keeps you fully informed of its progress, and communicates important court dates and events. Lack of communication from your attorney can lead to serious issues with your attorney-client relationship and have adverse consequences. If you have experienced this and it has resulted in a negative outcome, consider contacting a legal malpractice attorney.

What If My Lawyer Is Overcharging Me?

The cost of legal representation can be quite high. Attorneys spend three years rigorously studying in law school before taking a comprehensive Bar exam to become licensed. To establish themselves as reputable and successful attorneys, they often need many years of practice to develop their litigation, research, and negotiation skills. They must also learn the complexities of motions, trial practice, and specific court rules. Consequently, attorneys typically charge rates that can reach hundreds of dollars per hour, depending on what other legal professionals in their community and area of practice charge.

Recoverable Damages in Legal Malpractice Cases

Victims of legal negligence or malpractice have options for recourse. Legal malpractice occurs when an attorney fails to meet the standard of skill, prudence, and diligence that is typically expected of legal professionals in similar situations. If a client’s case is compromised or lost because of their attorney’s negligence, the client may be entitled to damages, provided they can show that a more favorable outcome would have been likely if the attorney had acted as a reasonably prudent lawyer.

Procrastination Can Constitute Legal Malpractice

Procrastination in any industry is rarely beneficial, especially in the legal field unless there is a strategic reason for it. In most legal matters, however, waiting too long can be extremely detrimental to a case and could lead to compensatory damages for the aggrieved client. On the other hand, a strategy of delay, if agreed upon, can be quite effective.

How Too Many Clients Could Lead to Attorney Negligence

Many attorneys can effectively manage large caseloads if they are well-organized and have the necessary staff and resources to meet the demands and interests of their clients. However, law offices face significant overhead costs, including rent, supplies, insurance, and salaries for associates, paralegals, and legal assistants. Attorneys often have to cover litigation costs for clients, particularly in cases handled on a contingency basis.

Breach of Confidentiality May Be Considered Legal Malpractice

The attorney-client relationship is fundamentally built on trust and confidentiality. Conversations held between an attorney and their client are private and cannot be disclosed to outside parties without the client’s informed consent.

Commingling of Funds and Legal Malpractice

Attorneys have a fiduciary duty to their clients, which requires them to act in their client’s best interests. This duty encompasses a high standard of care that includes trust, loyalty, good faith, and confidentiality. A critical aspect of this duty is ensuring that any funds entrusted to an attorney are kept separate from the attorney’s personal or business accounts. Failure to do so can lead to serious consequences, including claims of legal malpractice.

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Category: Legal Malpractice