Licensed professionals working in skilled fields that require education that must conform to certain standards. Attorneys, in particular, are subject to relatively high professional standards. Specifically, they have a fiduciary duty to act in the best interests of their clients and to provide appropriate guidance on legal issues.
If they fail to do so, they could face accusations of legal malpractice. Legal malpractice occurs when a professional fails in their duty to their clients in a manner that has negative consequences. If other attorneys could have easily avoided the mistakes that a lawyer made or can readily identify a professional’s errors, the affected party may have grounds to pursue a legal malpractice lawsuit.
There are certain types of issues that have a strong association with legal malpractice allegations. For example, the following concerns could be indicative of issues with the standard of legal representation provided to a client.
A conflict of interest
Lawyers have a duty to put what is best for their clients ahead of their own wishes and personal profit. If they cannot put their clients first, then the best option may be for them to refer them to another attorney. Business investments, pre-existing relationships with other parties and financial incentives can all compromise the standard of representation that an attorney provides a client. If a frustrated client can show that a lawyer failed to disclose a conflict of interest that compromised their ability to uphold their fiduciary duty, then the affected client may have grounds for a legal malpractice lawsuit.
Substance abuse issues
Many people in the legal profession struggle with high levels of stress. Job demands can affect their work-life balance and their relationships. Some people begin self-medicating with alcohol. Others abuse prescription medications or street drugs. Attorneys struggling with substance abuse issues may not be able to provide the support and advocacy that their clients deserve. They could make serious, preventable mistakes that have major implications for their clients.
Financial challenges
Attorneys struggling to attract clients or cover their business expenses may be more likely than other legal professionals to take on cases and clients that they realistically should refer out to others. For example, attorneys who specialize in one niche area of law may take a client in an adjacent area of practice with which they have no experience. Their actions may lead to an unfavorable outcome for those clients. In cases where attorneys accept clients in areas of law in which they have little knowledge or experience, poor outcomes could potentially be indicative of legal malpractice.
People harmed by unprofessional or unethical conduct on the part of an attorney may need help holding their lawyers accountable. With the right support, it may be possible to take legal action by filing a legal malpractice lawsuit.
