You put your trust in your lawyer and expect him to diligently represent you. When your case doesn’t go the way you hoped, you may consider suing your attorney for legal malpractice. To help you understand when legal malpractice is an option, we’ve put together some common malpractice actions we’ve seen during our careers.
What Is Legal Malpractice?
Legal malpractice occurs when an attorney fails to exercise reasonable care, duty, or diligence, which results in his client suffering damages. The client must prove through expert testimony that had his original attorney acted properly, he would not have been harmed.
Criminal and civil attorneys can be held liable for legal malpractice. It is important to note that the standard for reasonable care, duty, or diligence is not one of infallible proportions. In other words, the question is: would a reasonably prudent attorney in his position have acted differently?
Types of Malpractice
Legal malpractice lawsuits can stem from many different types of misdeeds by an attorney. Below are the most common, as reported by the American Bar Association.
- Failure to know or apply well-settled law
- Planning errors
- Failure to file documents
- Failure to calendar
- Failure to obtain client consent
- Conflict of interest
- Fraud
- Failure to follow instructions
- Failure to inform client of all possible outcomes or benefits
- Failure to monitor associates and legal staff
- Improper withdrawal
One of the most common and easily preventable malpractice errors is an attorney failing to file a lawsuit within the statute of limitations for a particular case. If a lawsuit is not filed within a certain time from the accident, injury, or discovery of the injury, then you will be barred from filing the suit. That means you may never receive the justice or compensation you deserve.
An attorney must always advise you of any settlement offers in a civil case. Even if he thinks you shouldn’t settle, he must still tell you about the offer. The same goes for any plea bargains offered in a criminal case. While an attorney must advise you to the best of his ability, he must listen to your wishes. If you wanted to accept a settlement or a plea bargain, and he does not follow your instructions, then he has committed legal malpractice.
Another common area of legal malpractice is conflict of interest. If an attorney has represented the other side or would have propriety interest in the outcome of the case, then he has a legal and ethical obligation to inform you of these things. The conflict can be waived if you sign a release waiver.
Damages You May Receive
- Compensatory damages are awarded if your attorney in a civil case was negligent. This means you receive the funds you had to pay to the other party in the original case, or you receive the funds you should have received in the first case.
- Punitive damages are awarded to “punish” the attorney and deter others from doing what he did in your case.
- Other expenses: you may be able to collect attorney’s fees owed to the negligent attorney, and expenses you’ve incurred in bringing the malpractice suit against him.
Contact Us In Kennesaw, Georgia
Don’t let one bad attorney ruin the legal system for you. We take our clients’ trust seriously. Let us help you or a loved one seek justice for any legal malpractice you have suffered by calling Joel Williams at 833-LEGALGA to set up your free consultation today.
