People hire attorneys because they require legal guidance and support. Most people do not know much about the law. They cannot handle complex legal paperwork or court matters without assistance. People rely on lawyers when negotiating contracts, responding to criminal allegations or starting businesses. Those facing divorce or lawsuits also often require the support of an attorney.
People depend on their lawyers to educate them about the law and their rights. They expect a lawyer to be competent and to put their best interests first. Unfortunately, not everyone who becomes a licensed attorney offers the same standard of legal representation. Some lawyers are negligent or fail to meet current professional standards. Their clients may experience major personal and financial setbacks because of the subpar representation or guidance they provide. If clients can prove that their lawyer was negligent, then they may have the grounds necessary to pursue a legal malpractice lawsuit.
What constitutes attorney negligence?
Legal negligence is different from one case to the next. Factors including the lawyer’s area of specialization and the unique needs of the client may influence whether or not an attorney’s behavior was truly negligent.
Generally speaking, negligence occurs when another competent professional with a similar education can readily recognize that the lawyer did something inappropriate or failed to do what was necessary. Making a mistake related to the statute of limitations is a common form of legal negligence.
State statutes impose very clear restrictions on how long individuals have to file personal injury lawsuits. In most cases, plaintiffs only have three years to take legal action. Lawyers can leave their clients without any form of recourse if they blow the statute of limitations by waiting until the last minute to file and then file the paperwork in the wrong jurisdiction.
Other examples of legal negligence include failing to perform necessary research into judicial precedent or displaying ignorance about court proceedings or state statutes. If another lawyer can easily recognize the professional failings of an attorney who assisted a client, then the frustrated client may have grounds for a legal malpractice lawsuit.
Legal malpractice lawsuits may result in financial compensation for people negatively affected by unprofessional conduct on the part of an attorney. A successful lawsuit could also create consequences for the attorney, including higher insurance costs in the future and potential licensing consequences.
Holding legal professionals accountable for inadequate representation often requires going back through the legal system. Those affected by legal malpractice may need help developing a case and exploring their options, and that’s okay.
