Dealing with legal situation is never easy. The legal system is frightening - it is a process we do not understand, with rules of evidence, procedure and nuanced hearings. It is nothing like the television shows or movies and it feels overwhelming even to the...
Month: August 2020
Precedents and conflicts of interest
Lawyers may have a chance to represent two clients in very different situations. This can make the lawyer’s position appear a bit inconsistent. In many cases, this is actually fine. However, there are also ways in which it can create a conflict of interest that calls...
What choice do I have? An attorney’s responsibility to his client
Generally speaking, someone seeking legal counsel is confused, stressed and in need of very wise counsel. Even licensed attorneys – who are conversant in the law – seek legal counsel when facing possible litigation.The old adage, a person who represents...
The first duty of an attorney: Competence
There simply is no legal process that is easy. Most are not particularly pleasant, either. Stress, uncertainty and the fear of a system you don't understand makes it especially critical that an attorney not only has your best interests at heart, but has the capability...
Loose lips sink ships: Attorney confidentiality and your case
Every attorney owes his client a number of duties. Attorneys are sworn to uphold a code of ethics, and when they do not, civil - and sometimes criminal - penalties may follow. A crucial aspect of the attorney-client relationship is attorney-client privilege. Without...
Are lawyers accountable for the actions of nonlawyers?
You may have encountered attorneys who act like they know it all. However, most lawyers recognize their limitations. Depending on the nature of your case, your attorney may choose to employ nonlawyers, such as accountants, medical professionals, and social workers in...
Have you been the victim of commingling?
Because of the trust that clients place in their attorneys, attorneys must maintain a high ethical standard. Attorneys that fail to uphold the Rules of Professional Conduct can cause serious harm to their clients. Misconduct can take many different forms, including...
Are there competency standards for lawyers?
Once an attorney is licensed to practice law, that attorney can practice law. There is no additional testing required for a lawyer to practice family law or criminal law, although there are board-certified specialization programs for certain legal areas. Outside of...
Don’t let time run out on a legal malpractice case.
If your attorney abuses your trust, you may find yourself new financial, legal and personal concerns. You may face new legal concerns because of their negligent representation, need to repair damage to your finances and handle the emotional fallout of this difficult...
Mishandling of client funds could be malpractice
Lawyers owe a fiduciary duty to their clients. In other words, lawyers must act in the best interests of their clients. When lawyers breach their fiduciary duties, it might constitute malpractice. One of the most common ways lawyers breach their fiduciary duties is...