Just as a doctor can perform medical malpractice, an attorney can perform legal malpractice. Despite the similarity in their names, many people are not even aware that this form of malpractice exists, or even what it is. In short, when a lawyer’s actions fail to meet the standards of professional conduct, the lawyer is committing malpractice. Some legal practice areas are more prone to malpractice than others, and it pays to know if your case may be vulnerable to malpractice. So which practice areas are more likely to experience malpractice?
Real estate
The details in any legal matter are crucial to get right, and this is especially true for real estate law. If your attorney failed to prepare a deed properly, made a mistake in your financing documents, or failed to protect you properly, they may have engaged in malpractice.
Family law
The outcome of family law matters can determine how your family lives, and you want to be sure your attorney is helping you. Common examples of malpractice include failing to find hidden assets, not getting a proper asset valuation, having a conflict of interest and still taking the case.
Personal injury
A personal injury claim for compensation is often the only source of income an accident victim can get to cover the high costs of their injuries. Suppose your attorney is accepting settlements without your consent or discussing details of your case with anyone you do not consent to hear about it. In that case, the malpractice may jeopardize the quality of the settlement you earn.
How can you be sure about malpractice in your case?
If you suspect your attorney is performing legal malpractice, it is not likely that they will openly admit it. Instead, you may need to consult with an experienced legal malpractice attorney. They can review your situation and determine what you can do if malpractice is present.