St. Denis & Davey, P.A.

Legal Malpractice Issues

What to do before accusing your lawyer of legal malpractice

| Jan 31, 2019 | Uncategorized |

If you have your suspicions that your lawyer may not be handling your case professionally, trust this feeling. Allowing a lawyer or law firm to take advantage of you could cost you the best outcome to your case and wastes your valuable funds.

But, before barging into your lawyer’s office and making the accusation, follow these steps.

Identify the issue

The first step in knowing whether you may have a case of legal malpractice on your hands in to identify the type of malpractice you believe you are dealing with.

The lawyer’s behavior should be either negligent of unethical and fit into one of the following categories:

  • A conflict of interest
  • Misunderstanding of the law
  • Lack of knowledge or research pertaining to the case’s vital information
  • A violation of the statutes of limitation
  • Lack of communication
  • A breach of fiduciary duty
  • Filing/handling documents incorrectly
  • A lack of proper investigation practices or tampering with evidence

Once you’ve identified the type of concern you have, you should compile the evidence that has brought you to these concerns.

Discuss your concerns

Before attempting to take legal action against your lawyer, it’s a good idea to voice your concerns in case there is a simply misunderstanding. It’s important to do this respectfully.

Ask you lawyer to meet and set up a time you can go over your concerns in person. If your concern is that the lawyer has not been available to meet with you, you may choose to express yourself in an email or over the phone.

Respectfully tell the lawyer what your concerns are and what has lead you to them. Then, let the lawyer explain. If you still believe the lawyer has been negligent or unethical, you may feel inclined to become demanding or rude. Refrain from engaging in these behaviors and keep your discussion calm and respectful.

Ask the opinion of another lawyer

After the discussion with your lawyer, it may be wise to seek the opinion of another attorney if you’re still feeling wary. A different lawyer may have different ideas about how he or she would go about handling your case.

However, they may be able to give you an idea as to whether your lawyer is acting within his or her rights.

Seek action

If a legal malpractice lawyer has identified legal malpractice on the part of your lawyer, it’s probably best to take action. This can help you recuperate lost funds and may even entitled you to a new trial.

To learn more about your options for taking action against a potential case of legal malpractice, get help from who has dealt with these cases before.