4 Common Mistakes That Can Lead to a Legal Malpractice Suit
When you hire an attorney, you trust them to represent your best interests and to provide you with competent legal advice. However, even the best attorneys can make mistakes. If an attorney’s mistake results in you losing your case or suffering financial losses, you may have grounds to file a legal malpractice suit.
Understanding Legal Malpractice
Before delving into the mistakes, it’s crucial to understand what legal malpractice entails. It arises when an attorney fails to perform according to the standards set for the legal profession, leading to client damage. This isn’t about the outcome of a case, but rather the manner in which it was handled.
- Missed Deadlines
One of the most common mistakes that attorneys make is missing deadlines. This can happen for a variety of reasons, such as misunderstanding the deadline, underestimating the amount of time required to complete a task, or simply getting too busy with other cases. When an attorney misses a deadline, it can have serious consequences for their client. Missed deadlines can take several forms, leading to repercussions:
- Filing lawsuits: Missing the window provided by the statute of limitations renders a case void.
- Court documents: Delaying filings like evidentiary submissions or motions can impact a case’s progress and outcome.
- Appeals: Overlooking the tight deadlines for appeals can deny a client their right to challenge a court’s decision.
- Lack of Communication
Clients entrust attorneys with some of their most sensitive issues. As such, maintaining clear and consistent communication is paramount. However, it is not uncommon for attorneys to fail to communicate effectively with their clients. This can happen for a variety of reasons, such as being too busy, not being organized, or simply not being a good communicator. When lawyers fall silent or are not clear:
- Clients might make uninformed decisions. Like, lawyers failing to explain the potential consequences of pleading guilty or not guilty.
- Vital information can be overlooked or misunderstood.
- The trust between a client and attorney is eroded.
- Inadequate Investigation or Preparation
For any case, proper investigation and preparation form the backbone of strong representation. Failing to adequately prepare or investigate can leave a client’s case vulnerable, leading to potential malpractice suits. Every case demands thorough groundwork. Neglecting this core duty can lead to:
- Overlooking critical evidence.
- Missing key witnesses or expert testimonies.
- Failing to anticipate the opposing party’s strategy.
- Conflict of Interest
Attorneys are bound to ethical duties that demand they prioritize their client’s interest above their own or any third party. Not properly identifying or addressing conflicts of interest can compromise the integrity of legal advice and representation. Some examples of these are:
- An attorney represents two clients with opposing interests.
- An attorney has a personal or financial relationship with a witness in the client’s case.
- An attorney fails to disclose a conflict of interest to the client.
Getting the Right Help from The Kassab Law Firm
Legal malpractice is more than just an oversight. It’s a violation of trust, often leading to significant consequences for the client.
The Kassab Law Firm, with its seasoned Texas legal malpractice attorneys, stands as a testament to commitment, professionalism, and ethical standards. If you believe that you have been a victim of legal malpractice, it is important to contact a malpractice attorney as soon as possible. You may have a limited amount of time to file a legal malpractice suit due to statute of limitations.
Call us today. We can help you assess your case and determine whether you have a valid claim for legal malpractice. We can also help you gather evidence, negotiate, and file a lawsuit if necessary.
Protect your rights and ensure your legal matters are handled with the utmost professionalism. Reach out to us and get the representation you deserve. Remember, when it comes to legal matters, settling for less isn’t an option.