Substantive Law: The Building Blocks for Legal Malptactice
Legal Malpractice
Have you ever received legal advice that turned out to be harmful to your interests? Perhaps you followed an attorney’s guidance only to lose a case, suffer financial damages, or even face criminal charges. If so, you may have grounds for a legal malpractice claim. But, how can you know for sure? Understanding the fundamentals of substantive law is the first step.
What is Substantive Law?
Substantive law lies at the heart of our legal system, defining the fundamental rights and obligations that shape our interactions. It’s the framework that determines what conduct is legal or illegal, who owns what, and what remedies are available when things go wrong. Let’s dive deeper into the key examples:
Contract Law
More than a handshake agreement, contract law is a complex web of rules. It dictates how enforceable contracts are created, what promises are legally binding, and what happens if someone breaks the terms. Imagine you’re selling your home, and a buyer backs out at the last minute due to a disagreement over the contract’s wording. Substantive law defines your rights in that situation.
Property Law
Property law is essential for an orderly society. It governs ownership rights over land, buildings (real property), and possessions like cars, furniture, or intellectual property (personal property). Disputes over fence lines, inheritance of a family heirloom, or copyright infringement all involve substantive property law.
Criminal Law
Criminal law is about protecting society as a whole. It outlines which acts are considered crimes like theft, assault, or murder. Additionally, it defines the punishments those convicted may face, from fines to imprisonment. If you witness an assault, the attacker’s prosecution and potential sentencing are determined by the substantive laws of your jurisdiction.
Tort Law
This vast area focuses on civil wrongs resulting in harm to a person or their property. Classic examples include negligence (think car accidents or medical errors), defamation (injury to reputation), or product liability (defective goods causing harm). If a distracted driver hits you, tort law spells out if and how you can seek compensation for your medical bills and other losses.
How Does Substantive Law Relate to Legal Malpractice?
Attorneys aren’t just hired for their ability to file paperwork or speak in court. They hold a unique responsibility as interpreters of the law. This means having a solid grasp of the substantive rules that apply to their clients’ specific situations. Failing to meet this basic expectation can have devastating consequences. Let’s break down why substantive law is key to a legal malpractice case:
The Standard of Care
Lawyers, just like doctors or engineers, are held to a professional standard. This means they must act like a reasonably competent lawyer would in the same circumstances. Substantive law is fundamental to this standard; it’s what the legal community considers the baseline of necessary knowledge.
Proving Negligence
“Negligence” in a legal malpractice claim isn’t just about carelessness. It means the lawyer fell below the expected level of competence. If your lawyer makes an error because they simply don’t know the relevant laws, that’s strong evidence that the standard of care was violated.
The “Case Within a Case”
Winning a legal malpractice case often means you have to prove you would have won your underlying case if not for your lawyer’s mistake. This requires a deep understanding of the substantive laws that would have applied.
Substantive law is vital in establishing that second element – negligence. If an attorney misunderstands or misapplied the governing rules, this could be strong evidence of incompetence.
Examples of Mistakes Relating to Substantive Law
Errors in substantive law can have far-reaching implications for a client. An attorney who misinterprets a crucial statute or contract could expose their client to unexpected legal consequences. Imagine signing a construction contract without your lawyer grasping a key clause, leaving you liable for major cost overruns.
Similarly, failing to understand how a recent court decision (precedent) impacts your case could cause pursuing a losing legal strategy or unknowingly giving up valuable rights. These substantive law oversights can also interact with procedural law. A lawyer might miss a critical filing deadline because they misunderstand the underlying substantive rule governing how that deadline was calculated in the first place.
Suspect Legal Malpractice? Get Answers and Seek Justice
If you suspect your legal counsel made serious errors, don’t let it go unaddressed. Consult with Houston legal malpractice attorneys to determine the strength of your claims. At The Kassab Law Firm, we’ve helped wronged clients hold negligent lawyers accountable. Our experienced team of malpractice lawyers in Houston can help you understand your rights and pursue the justice you deserve. Contact us today for a confidential case evaluation. We proudly serve Texas.