Suppose that one day you or your company needs legal representation for some matter. You are the person assigned to be in contact with legal counsel and her staff and as the case progresses (or doesn't in some instances), you suspect that the lawyer is not performing her job for any number of reasons. What should you do?
1. Attempt to minimize the damage caused by the attorney. You can request that the attorney take action to remedy her error and then seek a second opinion from another attorney.
2. Contact a legal malpractice attorney. Before stomping into your attorney's office in a tirade, sit down with another attorney who knows how to handle the preservation of evidence and the rules of the court. Wouldn't it be great is the former attorney destroyed all paper records and wiped her hard drives clean? While files would still be recoverable, it would be at great time and cost.
3. Obtain a copy of your file. Every client is entitled to the original copy of his or her file. The attorney may make a copy, but it must be at her expense. A good malpractice lawyer will handle this for you.
4. Participate in the malpractice case. You will meet with the malpractice attorneys initially and may have to attend a deposition and trial if the case is not settled out of court.
Most legal malpractice attorneys are on contingency fees, meaning that they do not get paid unless they win money for their client, you. This makes filing a claim cost less at the outset.
The following claims may be considered malpractice:
- Failure to follow a statute of limitations
- Failure to follow other important court deadlines
- Failure to handle client funds properly
- Failure to recuse oneself from a case when a conflict of interest arises
- Failure to prosecute a case resulting in dismissal
- Failure to act in a competent and experienced manner
- Failure to advise the client of his of her options
- Failure to gather the needed evidence to prosecute a case
Remember, attorneys, even good ones, make mistakes. However, when it affects the outcome of your case you may want to pursue action for malpractice. Contact a knowledgeable attorney before you take action.Sources:
This blog is prepared by a paralegal student as a class project, without compensation. The content of this blog contains my opinion, and is offered for personal interest without warranty of any kind. Comments posted by others on this blog are the responsibility of the posters of those messages. The reader is solely responsible for verifying the content of this blog and any linked information. Content, sources, information, and links will most likely change over time. The content of this blog may not be construed as legal, medical, business, or personal advice.
You have provided some valuable information for those who may have been the victim of legal malpractice. I think too many of us are conditioned to just accept what happens and to not question those in positions of authority. Knowing what legal rights you have and what constitutes malpractice is critical! Thanks!
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