When an attorney does not fulfill their end of the relationship with a client, they compromise their trust with that client. Trust between the client and lawyer is one of the main elements holding the integrity of our nation’s legal system together. It may not always be easy to tell, however, when your attorney has committed malpractice in their role.
Common errors leading to legal malpractice
The American Bar Association lists a lawyer’s failure to apply or know substantive law as the most common error leading to legal malpractice claims. Other common errors include issues with client-relations like lack of communication or misuse of funds, intentional wrongs and errors in administration.
It is possible that if your attorney committed one of these errors, they may be guilty of malpractice. Though, you do not want to rush to accuse them without checking important boxes. Consider taking the following steps:
- Request your case file from the attorney in question
- Speak with a legal malpractice attorney
- See what conflict resolution options are available to you
If alternative forms of confronting issues with the lawyer do not work out, a legal malpractice lawsuit may be the next step – depending on the details of your case. Though, there are a few things you and your new attorney will need to prove to be successful. For a strong legal malpractice case, you need to prove that your attorney, in some way, was negligent and that this negligence was at the root of your case’s failure.