There are a few ways that attorneys can avoid legal malpractice claims, but for clients, the question is actually what attorneys could do that would mean that the clients should file a claim. While an attorney knows that ignoring a deadline isn't a good idea, not all clients may understand the importance of deadlines or realize that they have a right to a claim if an attorney misses one.
As a client, you need to know when your attorney makes mistakes. Negligence is not acceptable in any profession, law included. Here are two things to keep an eye out for.
1. Paper trails
If your attorney does not seem to want to retain paperwork, that is a serious red flag. Attorneys should always be keeping files on cases, making sure to back them up as necessary. They should also work to protect your client information, which is private. If your attorney does not keep appropriate documentation, then there is a likelihood of making errors.
2. Conflicts of interest
Conflicts of interest are one of the most common malpractice errors alleged by clients. For example, the client may find out that the person their lawsuit is against has previously been a high-paying client of the attorney, or the client may discover that the attorney is friends with the other party. In either case, the attorney should have let the client know about any conflicts of interest and stepped down from the case.
Know when your attorney has made mistakes so you can protect yourself. If you have any questions about your case, you can consult with another industry professional.