It may be no surprise that some attorneys do things that can be constituted as negligence or malpractice. However, it has been shown that the number of legal malpractice suits has grown and could be stemming from the fact that the United States still has a struggling economy.
Since 2011, the number of legal malpractice claims have increased. This, in turn, has made settlements more likely instead of heading to court to defend the firm. One attorney claimed that large law firms tend to settle, because if they have a mistake that is found out in court, that mistake could be incredibly costly to them. There is also a concern about the jump in malpractice claims being due to economic conditions and the fact that consumer laws make it easy to file a lawsuit.
There’s little risk to consumers who file claims, and they have a good chance when seeking a claim against attorneys. According to one report, most claims are filed against small firms that may not have as much experience in handling claims for malpractice. Consumers may also be seeking council more often due to the economy, particularly because of the rise in debt. With collections going after consumers, debt-related lawsuits and negotiations are more common than in the past. Consumers have high expectations for their attorneys regardless of the type of case it is, and that can mean that the consumer seeks a lawsuit if the case does not go the way he or she thought it would.
In many cases, it’s true that the complaints that are filed are nothing more than administrative errors or issues with dissatisfaction rather than actual malpractice. However, if you can show that you would have won your case or gotten a better deal with a different attorney, it’s possible to seek compensation from the one who represented you.
Source: Coo County Record, “Attorney says spike in legal malpractice suits has root in economic struggles,” Mike Helenthal, accessed Nov. 01, 2016