When people hear the word "malpractice," they usually think of doctors. Medical malpractice is a well known issue, which receives a lot of media attention. Legal malpractice is also an issue, even if fewer people are aware of it. Anyone who hires an attorney may experience legal malpractice.
Legal malpractice typically involves an attorney making a mistake or failing to utilize their knowledge for a client. In many cases, legal malpractice can have devastating outcomes for the client involved. Just like medical malpractice, legal malpractice can result in legal action by the client or injured party against the professional who failed them.
Conflict of interest can lead to legal malpracticeOne common form of legal malpractice is when an attorney fails to put the client's best interests first. People who hire attorneys place a lot of trust in these professionals. They expect their lawyer will help them navigate the complicated legal system. They also expect the attorney to put their interests first.
Attorneys are supposed to do what is right for their clients, not act for their own benefit. Sadly, some attorneys will abuse their position to benefit themselves or a friend. In these cases, a conflict of interest between the client's needs and the attorney's desires results in potential legal malpractice.
Inadequate knowledge also results in legal malpractice
The reason people hire attorneys in the first place is because the attorney has both education and experience that help them work in the court system. Unfortunately, not all attorneys have retained everything they learned in law school. Others simply take cases in areas where they don't have adequate knowledge.
This can result in basic failures, such as failing to file an important motion or not understanding the procedure for certain kinds of hearings. Whether your court case involves a divorce, a lawsuit or a criminal charge, you depend on your attorney's knowledge to help you secure the best possible outcome. When an attorney has inadequate knowledge or fails to use that knowledge in your defense, the legal consequences can it be devastating.
You have the right to push back against legal malpractice
When an attorney fails to adequately represent you, you may have an option to hold them accountable. Legal malpractice claims can offset the cost of undoing the damage your attorney caused. They can also create a legal and financial penalty for the attorney who failed you. Regardless of the form of legal malpractice you experience, you may want to explore your rights to seek compensation and justice after an attorney fails you in a critical manner.
It can be difficult to trust another attorney after one has failed you in an important legal matter. However, working with a compassionate and reputable attorney can restore your faith in the legal system.