Legal Malpractice
When Your Attorney Fails to Represent You
Legal malpractice cases may also involve neglect of the file by the attorney, failure by the attorney to abide by court orders and discovery requirements, failure to conduct adequate discovery, or improper conduct such as sexual advances by the attorney. If your attorney drastically reduces the valuation of your case without a clear reason, there may be cause for being suspicious of the attorney’s motives. Many cases where the attorney has “overlooked” a critical detail are settled quickly before the client is allowed to learn of the attorney’s negligence. If you feel you may have a legal malpractice claim against your present attorney, you may wish to pursue a claim even before the underlying litigation, the case the negligent attorney is or was handling, is concluded.
If your lawyer is negligent in his or her representation of you as a client, has breached a fiduciary duty, or breached a contract, then you may have a legal malpractice claim against the lawyer.
To pursue a legal malpractice claim, a client must show that the attorney’s acts were not merely the result of poor strategy or judgment, but that the professional work was substandard to that which would be provided by a reasonable attorney.
How This Works
A careful case review will be performed by your lawyer to assess the strengths and weaknesses of your case. Then the conclusions of this review are presented to you in a thorough, understandable manner.
For more details: Litigation Process.
Conversely, your attorney is obligated to inform you of any settlement offers, even if the offer is lower than what you indicated you would accept. You also have the right to be fully informed of the status of your case. Ask questions and insist on answers which you understand—your lawyer has a duty to provide clear explanations that enable you to make informed decisions regarding your case. Lawyers acting in the client’s best interest, especially in personal injury cases, communicate frequently. If months go by without word on your case, investigate what is happening. Litigation is a slow process, but an aggressive attorney usually can progress a case quickly enough to at least require monthly updates.