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.
One of the main kinds of legal malpractice that people complain about is a lack of communication. A lack of communication can mean different things to people from various backgrounds, but generally speaking, it just means your attorney is not responding in a timely fashion to your phone calls, emails or other forms of attempted contact.
Legal malpractice typically stems from an attorney or lawyer not doing what he or she should do in accordance with professional standards. There are three factors in every case, including that there were allegations of a violation of the typical standard of professional conduct, negligence that led to a negative outcome and significant damages came about as a result.
Legal malpractice is a threat to anyone who works with an attorney without thoroughly considering his or her background. While the majority of attorneys do their jobs well and care about their clients, not all do. That means that you could end up working with someone who wastes your time and money.
Legal malpractice is a serious threat to a client's case. A simple lack of communication could hurt a person's trust in an attorney, or it could be a sign of an attorney's dishonesty, incompetence or lack of time for your case.
Legal ethics are an important part of the profession. The Rules of Professional Conduct have been adopted by the American Bar Association. All states except for California follow these rules. Interestingly, California adopted its own set of rules instead, where attorneys follow similar rules with a different format.
You've always known exactly which attorney you wanted to work with. After doing research, you thought you had the right one for the job. Unfortunately, your case didn't go as you expected.
As you may know from watching movies or television, attorney-client privilege gives attorneys a chance to know everything about a case from a client's perspective without the client risking the attorney turning them in. The attorney can't be asked to release anything said in confidence.
Attorneys have an obligation to their clients. If they fail in these obligations, there's a chance that their clients could file and win legal malpractice cases.
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.