Last updated on January 19th, 2025
When you have legal problems, your first port of call should be a lawyer. Lawyers are qualified to help resolve any legal case, depending on which area they specialize.
Lawyers are trustworthy people. They have to be, considering they greatly impact their client’s lives. Unfortunately, there are some instances in which lawyers fail to meet their professional obligations. Sometimes, this leads to significant harm for a client.
It is often called legal malpractice if a lawyer fails to perform their duties when handling a client’s case. Legal malpractice cases are based on negligence, and understanding how this happens can help you find the recourse you need.
What Does Legal Malpractice Mean?
Legal malpractice is a lot like medical malpractice. A lawyer can also breach their duty to provide competent services like a doctor. When this happens, it results in harm to a patient or client.
This is why legal malpractice is based on negligence. It essentially refers to a lawyer being negligent to the point that their client’s life is impacted negatively.
If you believe your lawyer was negligent and you want to pursue a malpractice claim, you must prove the following:
- You must prove that a lawyer-client relationship existed in the first place. You should be able to do this by providing an agreement or contract between yourself and the lawyer. Establishing a lawyer-client relationship creates a duty of care. This means that because of the contract and the nature of the lawyer’s job, they owe you a duty of care.
- It is not enough to prove that your lawyer owed you competent service. You have to also demonstrate how the lawyer failed to meet the standard of service. This means proving that your lawyer acted unreasonably compared to how another lawyer would have acted in the same situation.
- When you have established this breach of duty, you have the foundation of your malpractice claim. Before taking things further, you must still prove that your lawyer’s negligence caused you harm.
- If your lawyer’s actions or lack of action meant a financial loss for you, it is referred to as damages.
Examples of Lawyer Negligence
There are many types of duty breaches to consider. Some might even seem minor, but they can have long-term consequences. These include:
- Your lawyer missing an important deadline. There are court deadlines and the statute of limitations to consider when filing a legal case. Deadlines also apply when responding to motions or other legal proceedings. If, for example, your lawyer misses these deadlines, your case may be dismissed. This means you will not be able to claim compensation or find justice.
- Failure to apply the law. This is a big one. You would expect a lawyer to know the law inside and out. So, if your lawyer applies a law incorrectly or misinterprets it, it could mean damages for you. This could also mean you can file a legal malpractice claim.
- Carelessness when drafting a contract. If your lawyer drafts a contract with inaccurate information and inconsistencies, it can cost you money. It will also make it very hard for you to win your lawsuit.
- Lying about expertise and experience. This is another serious form of negligence. If your lawyer neglects to tell you they do not specialize in your type of legal case, it can cause you harm. The same applies if the lawyer has no experience with legal cases in general.
These are just a few of the dozens of examples of legal malpractice. Some are more serious than others, but all can cause harm and damage to clients.
How Legal Malpractice Can Harm You
Legal malpractice is more than just an unpleasant situation. It can affect your original legal case, finances, reputation, and sometimes even your sanity.
For instance, a lawyer’s negligence could mean losing a case you would have otherwise won. This means you will miss out on much-needed compensation. It could also mean something much more serious, like losing custody of your child in a family law matter.
Beyond losing the case and losing money, you will likely have to fork out more money for a new lawyer. Having to sue your old lawyer for legal malpractice will also inevitably be stressful. You may experience feelings of anxiety, frustration, anger, etc.
Your lawyer’s actions can harm your reputation if you are a public figure or a well-known business owner. This spells trouble for your business, career, and any future endeavors you may have had planned—not to mention that you will also likely suffer public embarrassment and humiliation.
What Are Your Rights?
As a client, you can demand professional and ethical conduct from any lawyer you hire.
You also have the right to competent, lawful legal representation. Your lawyer must have all the necessary skills and expertise to handle your case.
Furthermore, you have the right to demand to be kept informed of your case’s progress. Your lawyer must answer your questions and stick to your instructions.
If your lawyer’s actions harm your case and you, you have the right to file a legal malpractice claim against them.
What to Do If Your Lawyer Is Negligent
If you believe your lawyer is being negligent, it is important to get proof. Keep documents, emails, and other communications that show your attorney’s actions.
At the same time, you should already consult another lawyer, if only for an expert opinion. They can review your case and decide whether you have enough evidence to file a malpractice claim.
If you have evidence that your lawyer violated ethical rules, you can file a complaint with your local bar association. You will not receive compensation this way, but it will help keep the lawyer responsible for their actions.
You can file a legal malpractice lawsuit to be financially compensated.
Lawyer Negligence Can Have Serious Consequences
It is always better to try to prevent lawyer negligence in the first place. Before hiring a lawyer, research and read online reviews about them. If you hire a lawyer, ensure the lawyer’s responsibilities and fees are noted in the contract or agreement.
Never discard your gut feeling. If something does not feel right, do not hire a lawyer. If you already hired them, get a second opinion from another lawyer.
