It takes years of study to become an attorney, and most lawyers are diligent in their efforts to provide excellent representation for their clients. People who hire lawyers to help them navigate legal matters ranging from civil lawsuits to real estate transactions expect their attorneys to help them achieve their goals. They rely on their lawyers to educate them about the law and help them make the best choices possible in complex situations.
Unfortunately, a few people practicing law may not offer the support and advocacy that their clients require. The term legal malpractice refers to scenarios in which a licensed attorney breaches their fiduciary duty, violates professional standards or offers insufficient legal representation to their clients. Frequently, claims of incompetence or inadequate representation stem from a failure to properly research before a civil trial.
Lawyers need to understand the niche in which they practice
Many attorneys specialize in one or two specific areas of law. Doing so allows them to have a robust understanding of both state statutes and relevant legal precedents. Judicial precedent involves important decisions made by judges in prior cases with similar elements. The rulings of these judges can influence the application of the law in the future. By interpreting the Constitution or the law, judges can help guide the behavior of others and influence the outcome of similar legal matters in the future.
Lawyers who step into new areas of law may fail to properly familiarize themselves with state statutes. They may also be unaware of crucial prior rulings at the state or federal level that could have an influence on their clients’ cases. In scenarios where it is clear that a competent attorney familiar with a particular area of law could have offered better support or different advice, the client may have experienced legal malpractice.
When lawyers fail to do proper research, their clients may have grounds for a legal malpractice lawsuit based on incompetence. Frustrated individuals disappointed by the outcome of their case and the conduct of a lawyer may need to talk with another attorney to determine if legal malpractice occurred. Filing a successful legal malpractice lawsuit can compensate clients for their losses, including what they may have paid an attorney who did not offer a professional standard of representation.