Legal Harm: Issues an Attorney can Cause
Legal Malpractice
Most of us seek legal advice with the assumption that attorneys will always work in our best interests. We trust their education and knowledge, expecting the best possible outcome for our case. But what happens when an attorney breaches that trust? Unfortunately, even legal professionals can make mistakes that severely damage their clients’ well-being. This is known as legal malpractice, or legal harm.
What is Legal Malpractice?
Legal malpractice occurs when an attorney acts negligently or fails to meet the standard of care required in their profession. This negligence results in harm to the client–either in the form of a lost case, financial damages, or other adverse consequences. To win a legal malpractice case, a client generally must prove the following:
- An attorney-client relationship existed.
- The attorney failed to uphold a reasonable standard of care, as would another attorney in similar circumstances.
- The attorney’s negligence was a significant factor leading to the harm suffered.
- The client experienced measurable injuries or losses.
Top 5 Most Common Forms of Legal Malpractice
Legal malpractice can take many forms. Some common examples include:
Top 5: Missed Deadlines
Attorneys must adhere carefully to various deadlines. Statutes of limitations dictate the time limit within which a lawsuit must be filed, and missing this window can permanently bar a client from seeking justice. Additionally, responses to motions, discovery documents, and other court filings have strict deadlines. Failure to comply can cause sanctions, dismissal of claims, or default judgments against the client.
Top 4: Conflicts of Interest
An attorney’s primary duty is to their client. The attorney must always act in the best interest of the client, even if it conflicts with the attorney’s own interests. Attorneys must also maintain confidentiality, meaning they must not disclose information their clients share in confidence, especially if it could be used against them. An attorney cannot use their position to benefit themselves at the client’s expense. Any action that puts the attorney’s interests above the client’s can be a conflict of interest. Examples include representing both the plaintiff and defendant in a lawsuit or entering into a business transaction with a client that’s unfair to them.
Top 3: Inadequate Research or Preparation
Effective legal representation demands thoroughness. A strong case requires evidence gathering, such as interviewing witnesses, obtaining records, and potentially consulting with relevant experts. Identifying relevant laws, precedent cases, and legal strategies is also essential. Neglect in these areas leaves a client without compelling arguments and makes them vulnerable to counterarguments.
Top 2: Errors in Drafting and Filing Documents
Legal documents must be drafted with meticulous attention to detail. Mistakes in contracts, wills, pleadings, or other filings can have dire consequences. An improperly drafted contract may be unenforceable, leaving a client without the protections they believed they had. Errors in procedural filings can cause delays or even dismissal of legal actions.
Top 1: Failure to Communicate
Attorneys and their clients must work as a team. A lack of communication can cause missed opportunities, as clients may fail to provide critical information due to a lack of understanding about what is needed. Clients can’t fully weigh their options if the attorney doesn’t clearly explain developments, potential risks, and settlement offers. Feeling uninformed and ignored erodes the attorney-client relationship, making it difficult for the attorney to advocate effectively.
The Kassab Law Firm: Your Ally Against Legal Harm
If you suspect you’ve been the victim of legal harm, it’s imperative to act quickly. These cases can be incredibly complex, and the clock may be ticking for you to file a claim. The Kassab Law Firm has a long history of holding negligent attorneys accountable. Our firm will conduct a thorough investigation, consult with field authorities, and aggressively pursue fair compensation for your losses.
Mistakes sometimes happen, and most attorneys strive diligently to serve their clients. However, when a lawyer’s actions go beyond simple error and into the realm of negligence, causing you harm, it’s your right to seek justice. Do not let the misconduct of one attorney deter you from finding effective legal malpractice lawyers in Houston, TX.
If you have questions about a potential legal malpractice situation, don’t hesitate to contact The Kassab Law Firm for a confidential consultation.