Legal malpractice occurs when attorneys neglect their duties to their clients. Clients who believe their attorneys neglected their duties may sue for legal malpractice.
Legal malpractice often happens because of the following factors:
Failing to understand the law
One of the most common causes of legal malpractice is caused by attorneys who don’t understand the law. In a lot of cases, this happens because attorneys will research the law but misunderstand how it works, which may mean they fail to correctly apply it in practice. This often occurs when attorneys work alone and don’t work alongside others who may be able to correct a mistake before it is too late.
Failing to gather enough facts
Possibly half the job of an attorney is collecting facts so that a case may be properly represented. An attorney may not collect enough facts before a case or allocate more time for another case, which could cause a malpractice error. A claimant may believe that, if the attorney made proper use of their time and skills, they would have found certain facts that would have supported a case.
Failing to hit deadlines
Most legal matters have to abide by the statute of limitations. The statute of limitations is the amount of time a legal matter has before a lawsuit can no longer be made. One way your attorney may cause legal malpractice is if they fail to submit documents by the statute of limitations.
Failing to follow a plan
Attorneys may have adequate knowledge and facts about a case but end up making a judgment error as to how a client’s matter should be handled. Attorneys should consider approaching a case in several different ways to ensure they aren’t committing malpractice.
If you believe you’re a victim of legal malpractice, then you may need to understand your options in more detail.