St. Denis & Davey, P.A.

Legal Malpractice Issues

Why it’s important for a lawyer to have all the facts

| Mar 12, 2019 | Uncategorized |

While your lawyer may not be a detective for the police department, much of their job is actually pretty similar. When an attorney takes on a service for you — whether it be a divorce trial, personal injury claim or business deal — they give you their word to investigate the facts of your case properly.

A lawyer who doesn’t do this or does it poorly could cost you your case — along with a lot of time and money.

12 Angry Men

In the famous theatrical production, Twelve Angry Men, a jury reviews the details of a murder case, finding reasonable doubt that the defendant committed the crime. This fictional tale is an excellent example of legal malpractice in which an attorney fails to investigate a case properly.

In the story, the jury discovers that many of the eyewitness accounts must be at least a little false in order for the timeline of events to add up. Failing to discover and relay information like this can risk the outcome of a case.

Failure can happen in any practice

Most people think of criminal cases when considering the importance of a proper investigation. After all, many would argue that the glove evidence in the famous vO.J. Simpson v The People trial ended the case. However, a failure to investigate and discover the details of any case can be devasting.

For example, a loophole left in a business deal or an incorrect assessment of an ex’s income during a property division deal could both be considered legal malpractice if they have a devasting impact on the client.

The importance of discovery

In addition to investigating, an attorney is also responsible for discovering how the evidence they find impacts the case. For example, if your attorney learns that an eye witness account is incorrect, they should address this.

A lawyer who ignores the evidence for fear of discrediting a theory they have may miss crucial details that would impact the outcome of the case.

Was your case mishandled?

If you believe that your lawyer chose to be negligent or was not competent enough to complete a proper investigation, you should hold them accountable for their mistake.

The legal team at St. Denis & Davey has experience defending those who have suffered at the hands of a bad lawyer. We can help you hold your lawyer accountable when they fail to investigate and discover the details of your case responsibly.