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When should you file a legal malpractice lawsuit?

| Sep 20, 2017 | Legal Malpractice |

Legal malpractice is a horrible situation for clients. They put their faith in an attorney’s knowledge, but when he or she doesn’t pull through because of negligence or because the attorney refuses to communicate, it puts the client in a very difficult position.

Attorneys have a responsibility to file paperwork on time, to educate you on your rights and to communicate with you clearly. They need to protect your best interests. Failing to do any of those things could create the right situation for a legal malpractice claim.

Can you file a lawsuit against an attorney who doesn’t keep your information confidential?

Yes, in most cases. Generally speaking, attorneys have a duty to keep your communications confidential. There are some exceptions, like if keeping information confidential will result in injuries to you or others. Attorneys must keep your information confidential whether or not you’ve asked them to do so.

Can you file a lawsuit if your attorney is friends with the other attorney in the case?

Not always, but there may be some circumstances where it’s a possibility. To file a lawsuit, you’ll need to show that there was a conflict of interests by the two being friends and working on the same case on two opposing sides. If you can’t prove that you were hurt by their friendship and that there was a conflict of interests, then it’s unlikely that you’ll be able to make a claim simply because the attorneys know each other. Many attorneys know each other from court and some are friends or family.

Legal malpractice is something most attorneys want to avoid. If you feel you’ve been a victim, it’s worth talking to another attorney about the situation and getting an opinion. If legal malpractice did occur, you could be able to seek compensation for your losses.