Are you looking to prevent legal malpractice?
Legal malpractice is a big problem for clients in all 50 states. You hire an attorney to professionally handle a legal matter on your behalf. But what if they screw up and malpractice happens?
Well, let’s cut to the chase…
Legal malpractice claims costs are at an all-time high. Recent stats show that 70% of insurers paid claims in excess of $50 million, with some going as high as $300 million. Those are some serious attorney errors.
The good news is that by knowing what legal malpractice is and spotting the warning signs, clients can take action to prevent these problems. Need a malpractice lawsuit attorney or looking for legal malpractice services to review your case? Information is power.
In this guide, we’ll share the:
- True Definition of Legal Malpractice
- Most Common Types of Attorney Errors
- Warning Signs Clients Should Be Aware Of
- Steps To Prevent Malpractice
- Actions To Take If Problems Arise
The True Definition of Legal Malpractice
Legal malpractice occurs when an attorney’s negligence, inattention, or other professional misconduct causes harm to the client.
It’s not enough for a lawyer to make a mistake. They have to fall below the accepted standard of care in the legal profession.
Here’s a better way to look at it…
Lawyers owe their clients a professional duty of care. When that duty is breached through malpractice or misconduct — and the client is injured as a result — there may be grounds for a legal malpractice claim.
The essential elements are always the same in a legal malpractice case:
- Attorney-client relationship
- Breach of the duty of care
- Causation
- Damages
Without each of these four elements, there’s no valid claim.
Most Common Types of Attorney Errors
Not all attorney errors result in legal malpractice claims. Some are more significant than others.
The most frequent causes of legal malpractice claims are in trust and estates, business and commercial transactions, and corporate law. Estate planning claims increased 1.6% recently as a result of the largest wealth transfer in history.
The most common errors include:
- Missing deadlines and statutes of limitations
- Failure to know or apply the law correctly
- Inadequate investigation or case preparation
- Conflicts of interest
- Poor communication with clients
- Document errors
- Failure to file critical paperwork
But what most people don’t realize is…
The highest percentage of legal malpractice claims, 61% by recent data, are against attorneys with more than 20 years of legal experience. Seniority is no defense against making errors.
Warning Signs Clients Should Be Aware Of
How can clients know when something isn’t right with legal representation?
Attorneys that will eventually commit malpractice against their clients often show warning signs early on. If clients can identify these red flags, they can take steps to mitigate problems.
Look for these common warning signs:
Poor communication from an attorney is an early warning sign. When a lawyer repeatedly fails to return phone calls or emails, misses meetings, or neglects to keep the client informed about the status of their case — that’s a problem.
Missing deadlines is another top indicator. If an attorney misses filing deadlines or court appearances that can often be fatal to a case. These are often grounds for legal malpractice claims.
Here’s something important…
Conflicts of interest should never be brushed aside by an attorney. Lawyers who represent both sides of a transaction or have personal interests that conflict with their clients’ interests are in breach of their duty of care.
Lack of experience or expertise in the legal practice area can also be a problem. Some lawyers accept cases outside their areas of practice or fail to properly prepare for cases. This can put clients at risk for malpractice.
Steps To Prevent Malpractice
Prevention is always the best medicine when it comes to legal malpractice.
Clients can take specific steps to reduce the risk of problems with legal representation. These strategies can’t guarantee perfect results, but they go a long way to minimizing issues.
Do Your Homework
The first step in hiring an attorney is to research their background and experience.
Clients should check the attorney’s disciplinary record with the state bar. Read reviews and testimonials from previous clients.
Ask the attorney about their experience with cases similar to the client’s case. Look for an attorney who specializes in the client’s type of legal matter.
Set Clear Expectations
Communication is key in the attorney-client relationship.
Clients should set clear expectations with their attorney about communication frequency, case strategy, and anticipated results. Get all expectations in writing through engagement letters and fee agreements.
Ask questions. A good attorney will welcome client questions and will take time to explain complex legal concepts in plain language.
Stay Engaged
Clients should stay informed about their case progress, even as the attorney works on their case.
Clients should request regular updates. Ask the attorney to review all documents before they are filed. Clients should keep copies of all documents related to the case. Stay actively involved in the case.
Document Everything
Clients should keep detailed records of all communications with the attorney.
Save emails and take notes during phone calls. Document all meetings with the attorney in writing.
Good documentation becomes crucial evidence if problems arise with the attorney’s representation. Documentation creates a clear timeline of events. It helps to show what the attorney knew and when they knew it.
Actions To Take If Problems Arise
Found a serious problem with an attorney’s representation? Immediate action is critical.
Address the problem directly with the attorney first. Sometimes issues arise from simple miscommunication. Discussing the issue directly may resolve the problem.
If problems persist, the client has several options.
They can file a bar complaint with the state bar association. This will not result in any financial recovery for the client, but may lead to discipline against the attorney.
For monetary recovery, the client must pursue a legal malpractice claim against the attorney. This will require consulting with a legal malpractice lawyer.
Here’s what makes these cases so tricky…
Legal malpractice cases require proof that the client would have won their original case if not for the attorney’s errors. This requires proving a “case within a case” which often requires extensive documentation and expert testimony.
Timelines also apply. Statutes of limitations for legal malpractice claims vary by state, but generally range from one to three years from the date the malpractice was discovered.
Wrapping Up
Legal malpractice is an ever-present danger for clients who hire attorneys in all 50 states. With millions of dollars paid out in claims each year, the financial risks are very real.
Knowing what legal malpractice is, watching for the warning signs, and taking specific actions to prevent these issues can protect clients from expensive attorney errors. The key takeaways are always the same:
- Maintain clear communication
- Set expectations in writing
- Stay actively involved in the case
- Document everything
- Take swift action if problems arise
Nobody hires an attorney expecting to need a legal malpractice attorney or legal malpractice services. But knowing the risks and how to respond makes a big difference. The attorney-client relationship is founded on trust — and clients deserve legal representation that upholds that trust through competent and ethical legal work.
Don’t wait for a problem to become a crisis. Proactive attorney clients are more likely to see successful outcomes and avoid the harms caused by legal malpractice.
