St. Denis & Davey, P.A.

Legal Malpractice Issues

Procrastination and legal malpractice

| Sep 15, 2017 | Professional Malpractice Law |

No matter the type of situation, legal procedures can take extensive time, planning and dedication. When a Florida resident places trust in a legal practice, they rely on their chosen attorney to help sort issues out. When that lawyer fails to do so, the situation can take even longer to resolve, and can even worsen.

How does professional malpractice actually occur? Anyone looking to find a solution through a lawyer-assisted plan should know of the common types of legal malpractice, and ways to become more aware of unlawful actions. 

Common Forms of Malpractice

Many might assume that the most common form of legal malpractice lies in a lawyer’s malicious intent, such as altering documents for the sole purpose of personal gain. However, this is often not the case; as the American Bar Association points out, a number of lawyers simply fail to submit important documents by deadlines. Among other common forms of malpractice are mere planning errors, conflict of interest or clerical mistakes. According to the ABA, failure to know and apply proper laws is the most common type of malpractice, with 4,770 cases recorded between the years 2000 and 2007. The least common type of malpractice between those years was the loss of files and other important documents, which accounted for 0.5 percent of all malpractice cases.

One Driving Factor

The type of error a lawyer makes may be clear, yet Business Insider adds that procrastination could be one driving force behind many lawyer mistakes. In an article about legal malpractice and procrastination, Business Insider acknowledges that, in many states, lawyers must return important documents and respond to clients promptly. Sometimes, though, lawyers are found avoiding clients for months and even years. Like with many professionals, the obstacle of writer’s block is often the root of this procrastination. Faced with continuous pressing and challenging content, lawyers commonly experience exhaustion and mental fatigue, and therefore push back or ignore deadlines altogether.