Common Examples of Legal Malpractice
Individuals who practice in regulated professions are expected to conduct themselves with a certain degree of care. Legal malpractice is a form of professional negligence that occurs when an attorney fails to conduct himself or herself in accordance with the standards expected of the profession. When legal malpractice results in losses for clients, they can often recover through a legal malpractice action. It is important for people who have been affected by legal malpractice to understand that any discipline imposed by the state bar is distinct from an action to recover damages, so it is not simply enough to report a negligent attorney to the Florida Bar. To ensure that they are able to recover for their losses, clients of attorneys who engage in malpractice should also consult with a West Palm Beach legal malpractice attorney to ensure that they are able to recover compensation for any losses they may have incurred.
Some of the more common ways in which attorneys can engage in malpractice are detailed below:
- Failure to meet filing deadlines – Litigation involves filing deadlines at every stage, from the filing of an initial lawsuit to filing an appeal after an adverse result. When your attorney fails to meet these deadlines, in can result in serious adverse consequences, including the forfeiture of your right to file a claim or a default judgment against you. For this reason, in many cases, an attorney’s failure to meet filing deadlines may constitute legal malpractice.
- Failure to know or correctly apply the law – Lawyers are expected to have a working understanding of the areas of law in which they practice and stay abreast of changes to the law. When an attorney fails to correctly understand or apply the law in his or her jurisdiction, it may result in a legal malpractice claim.
- Inadequate investigation or discovery – When an attorney takes a case, he or she is expected to sufficiently investigate the legal action in which his or her client is involved. Often, this investigation takes the form of discovery, which is the collective name of several legal mechanisms through which a lawyer can compel the production of evidence. An attorney failing to conduct sufficient investigation in a particular legal matter may be held accountable for legal malpractice.
- Failure to inform – An attorney that fails to his or her client about relevant information about their case or options that they may pursue can often be committing legal malpractice. Common examples of the circumstances in which this type of claim may arise include an attorney failing to inform a client about a potential settlement offer or about the potential consequences of a particular outcome.
It is important for legal consumers to keep in mind that not all circumstances in which an attorney makes or mistake or fails to secure a favorable result gives rise to a malpractice claim. For this reason, it is important for anyone who believes that he or she has been affected by medical malpractice to consult with an attorney familiar with malpractice litigation in their jurisdiction.
Contact A West Palm Beach Business Litigation Attorney Today To Discuss Your Case
People who believe that they may have been negatively affected by the negligence of their attorney should retain legal counsel immediately. An experienced West Palm Beach legal malpractice attorney can help business and individuals who have suffered losses because of lawyer negligence recover. To schedule a free consultation with one of our lawyers, call Pike & Lustig, LLP today at 561-291-8298.