If your legal case did not turn out as expected despite assurances that the facts and evidence were solidly in your favor, you might suspect that your attorney’s handling of the case was less than competent. Perhaps you observed your attorney acting strangely at times, being forgetful, distracted during hearings or trial, failing to appear at hearings often being very late, or making excuses for not communicating with you.
Read MoreAttorneys have ethical obligations to their clients, which include a comprehensive understanding of the law and the legal process and effective advocacy for their clients’ interests. Clients invest significant fees in legal representation, expecting their attorneys to navigate the complexities of the legal system and ensure their interests are prioritized. Among these obligations is the fundamental duty to appear in court on behalf of their clients.
Read MoreThe 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.
Read MoreWhenever you retain an attorney for a legal matter, you expect your counsel to meet at least a minimum level of competence in handling your case. When your claim or matter does not turn out as you expected or you know or at least suspect that your attorney’s conduct and handling of your case was negligent or less than competent, you may have a claim for relief.
Read MoreOne of the more emotional and potentially complex legal matters is marital dissolution. Emotions and tempers often run high in these cases since substantial assets are involved as well as possible child custody issues. Attorneys handling such cases are expected to be competent in not only the divorce laws of their state but also in the tax implications and business valuations. It is not that unusual for a divorce client who received a poor outcome to suspect that his attorney may have committed legal malpractice.
Read MoreDeadlines are basic to nearly every practicing attorney, especially those involved in litigation. We have deadlines for filing claims in the appropriate court, serving the Complaint on the defendant, serving and responding to discovery requests, notifying depositions, filing and responding to motions, and adhering to court appearances and other court-scheduled matters when engaged in discovery. Failure to meet a deadline may sometimes constitute legal malpractice by the attorney if it adversely affected your valid claim.
Read MoreWhen you retain a lawyer to represent you in a civil matter such as a car accident, slip and fall, will contest, or business matter, he or she has a fiduciary duty to you to make decisions with only your best interests in mind. An attorney also has an ethical duty to provide you with competent legal representation, to keep you informed of all developments in your case, and to properly advise you on the law and other legal matters. The attorney does not have the authority to make final decisions. Thus, if an attorney settles a case without your knowledge or consent, this is often considered legal malpractice.
Read MoreAn attorney has a duty to you as a client to maintain communication with you and to keep you informed and updated about your case’s progress. Your attorney also should listen to your wishes and concerns and possibly implement them within the case strategy if it is valid, proper, lawful, and can lead to a positive outcome.
Read MoreLegal malpractice claims are similar to other negligence claims in that an attorney is held to a certain standard of care when representing a client. The elements of a legal malpractice claim include the requirement that a claimant prove all of the following elements:
Read MoreWhen a client hires an attorney, they expect the attorney to fully commit to their case from start to finish. However, there are instances where an attorney may need to end their representation if it would not be in the client’s best interest to continue.
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