There are several things that an attorney could do that would be seen as legal malpractice. These include commingling assets, having a conflict of interest, neglecting their duties and failing in their role as a fiduciary. In any case where a client suffers losses as a result of these actions, they may want to pursue a legal malpractice case.
It's important to learn more about these actions, so that you can recognize them if they take place during your case. Here's a bit more about each one and how they harm victims.
1. Commingling assets
Commingling assets is a negative, because an attorney combines their funds with a client's. This is typically seen to be a breach of their fiduciary duty. It's best for attorneys to place any funds for a beneficiary in a separate account.
2. Fiduciary failures
As a fiduciary, it is important for a person in authority to protect money or property placed in their care. They have to act in good faith and to be honest when fulfilling their obligation. Spending the money themselves, commingling funds and other mistakes can lead to a malpractice claim.
3. Neglecting the case
Disregarding the duties they have to a client is another issue that can lead to a malpractice claim. Indifference, willfulness or carelessness are all considered neglect. For example, if an attorney doesn't call you back for several weeks despite repeatedly asking for a return call, then you may have a case.
4. Conflicts of interest
With a conflict of interest, there is a conflict between the attorney's duties and what they would prefer to do. For example, if they are related to a defendant but are the prosecution, they would have an obvious conflict of interest.
What do you do if you think your attorney has violated the law or committed malpractice?
If you believe that your attorney has committed malpractice, you should reach out to a legal malpractice attorney to talk about your case. You can explain why you feel the way you do and what you think would have changed if the attorney had acted properly.
If you have lost money or assets as a result of their negligence or other issues, then your new attorney can help you file a lawsuit against them for legal malpractice. This lawsuit can help you seek compensation for the losses that you have suffered as a result of their actions or lack thereof.