Four Common Legal Malpractice Claims to Avoid
Few things are as frustrating as when a professional fails to do their job properly, especially when it is your lawyer. There is a specific legal term for when lawyers fail to do their job: legal malpractice. A legal malpractice claims lawyer can explain that this occurs when an attorney is negligent or causes harm to their client through a breach of contract or fiduciary duty. When it comes to lawyers and other legal professionals, there is a certain level of expectation that they will act professionally and carry out their duties. Failing to do so may make them liable for legal malpractice.
What are some of the most common causes of legal malpractice? While every case is unique, there is a long list of behaviors that may result in professional negligence. Let’s take a look at four of the most common legal malpractice claims below.
Lack Of Legal Knowledge
One of the most common legal malpractice claims is failing to know, apply, or understand the law. When consulting with a legal malpractice lawyer, clients rightfully expect their original attorney to have been knowledgeable in their specific practice area. Understanding and knowing how to apply the law is crucial when it comes to representing clients. Often, this type of error occurs when an attorney attempts to handle complex cases outside their primary focus. When a lawyer takes on unfamiliar cases, they must take extra care to understand the specific statutes and procedural rules that apply.
FAILURE TO MEET DEADLINES
In any profession, meeting deadlines is important, but in litigation, it is absolutely critical. In the legal world, missing deadlines can mean the difference between a case making it before a judge or not. When attorneys fail to meet statutory deadlines—such as the statute of limitations—clients can permanently lose their right to file a lawsuit. Typically, this type of legal malpractice happens more often when multiple lawyers handle a single case because lines of communication are more likely to get crossed.
FAILURE TO PLAN
When it comes to legal cases, planning is everything. It is not enough to simply calendar court dates and filing deadlines. Effective counsel requires anticipating potential defenses and preparing a comprehensive litigation strategy. Attorneys must develop a strong strategic foundation to protect their client’s interests. Failing to plan properly may result in cases being dismissed altogether. It may also be grounds for legal malpractice.
SETTLING PREMATURELY
Depending on the circumstances, it is often necessary to wait until the full extent of damages is known before agreeing to a settlement. This is especially important for cases involving severe injuries or medical malpractice. Before advising a client to accept an offer, a lawyer must thoroughly investigate the claim to ensure the compensation accurately reflects the client’s long-term costs. When lawyers settle prematurely, their clients may miss out on much-needed funds.
At the end of the day, legal malpractice can be costly for lawyers and clients alike. Beyond the wasted time and frustration, clients may suffer significant financial losses from dismissed cases or inadequate settlements. If you think you’ve been a victim of legal malpractice, King & Jones would like to hear from you. Our dedicated Chicago legal malpractice attorneys can review your situation and help you pursue the compensation you deserve. Call our office today at 312-372-4142.
Resources
jec.unm.edu/education/online-training/contract-law-tutorial/breach-of-contract
