St. Denis & Davey, P.A.

Legal Malpractice Issues

How communication is key in preventing legal malpractice

| Oct 25, 2018 | Uncategorized |

Attorneys should be trusting and open to talk with their clients. The trials they face could have a major impact on the client’s life. If they lose, the client could go to prison for years, miss out on thousands of dollars or not retain full custody of their child depending on the circumstances. No matter how bad the odds are, a lawyer needs to keep in touch with their client as much as possible so they can try to get the best results.

Unfortunately, some attorneys undervalue the relationship with their client and often make mistakes because of it. They may be occupied with some other matter or are inexperienced and forget to ask you some of the most crucial questions in the case. No matter the situation, if your attorney fails to communicate with you properly in the case, you need to be aware of the possible consequences that could arise from their negligence.

False expectations

While an attorney can help prosecute or defend for you to the best of their ability, they should not guarantee a result that could happen. Imagine your crushing disappointment when you lose the case after your attorney made repeated claims that you were definitely going to win it. Several law firms continue to do this in an attempt to acquire more clients.

During your meetings with your attorney, if they do not bring up multiple outcomes that could occur in the trial, you need to ask them yourself. Your lawyer should be realistic and tell you the different possibilities a trial could take and warn you if it is a potentially losing battle. You might not want to think about you losing the case, but it is necessary to help you and your attorney prepare your claims to the court. If your attorney heightens your expectations and shatters them upon losing the case, you could potentially file a claim of fraud.

Not getting all the details

In 2011, the American Bar Association found that inadequate investigation or discovery of facts was one of the biggest malpractice claim risks. It might be understandable if both the client and attorney want to spend less time in their meetings together, but the attorney requires as much details as possible to help the client. Any missed fact could be potentially devastating. For example, an estate planning attorney might not ask about every relationship in the client’s life and fail to distribute assets to family members that could have been eligible.

While it is the attorney’s responsibility to prepare themselves as much as possible, future clients should familiarize themselves with the important parts of their expected cases so they can prepare to give their lawyers the necessary information. If the attorney fails to ask critical questions, then it may be time to search for another lawyer that can help you with your case.

An attorney that does not properly communicate with their client could risk losing their case and is open to a legal malpractice lawsuit. If your attorney failed you by delivering false promises or made little to no effort getting all the necessary details of your case, a legal malpractice attorney can try to help you in seeking justice for their mistakes.