Attorneys are highly qualified individuals. They are placed in a position of trust and owe a duty of care to their clients.
With that being said, attorneys are not immune from making mistakes. Here are some of the most common types of attorney errors.
Poor communication
An attorney is there to listen to their client’s legal problems and advise on potential solutions. The key word here is “advise”. An attorney must always communicate openly with their clients. The final decision, in most cases, must rest with the client.
Attorneys may think they know best and act in a manner that goes against the wishes of the client. This is an error, and it could also amount to legal malpractice should negligence be established and if the client suffers damages.
Poor timekeeping
Attorneys must be diligent in terms of timekeeping. They must file legal papers on time, and they must also attend court hearings on time. Missing deadlines and court dates is rare, but it can happen.
Poor planning
Attorneys also have a responsibility to prepare the case to the best of their abilities. This means conducting investigations, interviewing witnesses, examining paperwork, and much more. Sometimes, attorneys underestimate the amount of preparation they have to do for a case, and this is a serious error.
Errors in themselves do not necessarily equal legal malpractice. However, if those errors are negligent- meaning that no other attorney would have reasonably made them- then this could be malpractice. If you have been let down by a previous attorney, then it’s important to seek accurate legal information from the appropriate sources.