Legal malpractice is a terrible thing to discover following a case. Maybe you wanted to obtain compensation for a car crash or you were hurt during your child’s delivery. Whatever happened, if your attorney did not treat you appropriately or have the education required to complete your case with the appropriate care, you could be able to seek compensation.
There are dozens of reasons to pursue a legal malpractice claim. One that is a significant error is if your attorney did not file documents in a timely manner. If your attorney waited longer than the statute of limitations, his or her failure to file could mean you’re unable to pursue your original lawsuit. That is a major mistake and one the attorney should be held accountable for.
Another kind of malpractice is a conflict of interest. For instance, if your lawsuit is against someone the attorney is friends with, he or she may not push for as harsh of penalties or seek as much money from the other party. He or she may not submit evidence or fight as hard for you as he or she would otherwise. This is a concern, because your attorney needs to be completely on your side.
Finally, one additional kind of malpractice is if your attorney fails to obtain your consent for various parts of your case. Even though your attorney knows the law and is supposed to have your best interests at heart, he or she still needs your approval to accept settlements, plea deals or other arrangements. Failing to do so is a misuse of power.
Source: American Bar Association, “The Most Common Legal Malpractice Claims by Type of Alleged Error,” Dan Pinnington, accessed Jan. 11, 2018