The last thing anyone wants to find out is that he or she could have won a case if only his or her attorney had more education or had paid more attention. There are times when attorneys don't hold up their end of arrangements, and in those cases, those who are affected have the right to pursue a legal malpractice lawsuit.
There are many kinds of legal malpractice. Some include failing to get a client's consent or fraud. Here are three types you should be able to recognize.
1. Failing to apply the law
It can be harder for those who do not study law to understand if an attorney has not applied the law, but if you believe your case is not being handled correctly, then it's a good idea to speak to a second attorney with the same information in a consultation. If your initial attorney is not applying the law to assist you in your case, then you could lose the case and any right to compensation in a personal injury or wrongful death case. If you are fighting against charges, then failing to apply the law could mean you face a conviction you don't deserve.
It's your attorney's job to make sure you know the deadlines that surround your case. If your attorney misses an important deadline, like the statute of limitations deadline, it could mean that you now have no right to pursue your claim.
3. Having conflicts of interest
Would you want to work with an attorney who was related to the person who attacked you? Would you think it was in your best interests to work with an attorney who was also representing the other party? Probably not. It's very important that attorneys do not have conflicts of interest when they represent you. If they do, it could mean that they don't present all your information and evidence in court appropriately to help the other party.
If you're concerned that your case has been affected by one of these factors, you may wish to speak with a new attorney about your rights and how to receive compensation.
Source: Nov. 30, -0001