Most Common Causes For Legal Malpractice Claims

Before a person can become a lawyer, they must undergo an extensive academic process that includes at least 7 years of schooling and countless examinations. The undertaking is certainly rigorous, and it takes a great amount of brain power to persevere through the entire process. Though many aspiring lawyers give up before completing their journey, not all lawyers that do make it are automatically good at their job.

While all humans are akin to making mistakes, some professions and fields can’t afford to make any mistakes. Law is one of these fields, and the seriousness of being an attorney explains why all lawyers must receive an ample amount of education beforehand. When lawyers breach their duty of care and cause harm to their clients instead, they commit an act called legal malpractice. Because these attorneys are responsible for protecting their clients, legal professionals who fail to uphold this duty can get a lawsuit filed against them. Though legal malpractice may occur due to a number of reasons, this article highlights the most common causes for legal malpractice claims.

Overwork

Being a lawyer is not an easy task. When legal work gets too overwhelming for some lawyers, they end up spreading themselves too thin and taking on more than they can handle. As a result, they become overworked and unable to put their full attention into every case. Because the cases don’t receive the proper treatment and care they need, the lawyer can end up overlooking important aspects in a case. This action is considered negligence, and it ultimately means that the lawyer has committed legal malpractice.

Inexperience

Law is a complex field that contains a myriad of intricacies and nuances. Despite the extensive education lawyers receive, there are certain things a person cannot learn without experiencing it firsthand. When a young and inexperienced lawyer takes on a case they are not ready to handle, they may end up making grave mistakes that harm their client in the end. This inability to match the expected standard of care is another way a lawyer can get a legal malpractice lawsuit filed against them.

Failure to Properly Evaluate a Case

When a lawyer fails to properly evaluate a case upfront, they may later realize that the case was more than they could handle. As a result, the lawyer is incapable of giving the case the proper care it deserves. The outcome ends up falling below standard, and the client receives harm while the lawyer leaves unscathed. Situations like these warrant a legal malpractice claim against the lawyer, and the suit can help the client get the compensation they deserve.

Failure to Calendar

Deadlines, such as the statute of limitations, are necessary to keep track of in the legal world. If a lawyer is negligent and fails to file a claim before the statute of limitations is up, then the client is unable to pursue legal action as they desire. This action has the greatest ramifications on the client in the end, but it does grant them the ability to file a legal malpractice claim against the lawyer.

In Need of a Legal Malpractice Attorney?

King & Jones is an experienced law firm that has dealt with countless legal malpractice cases. We understand the frustration of having a negligent lawyer, and we firmly believe that you deserve the best legal representation possible. To discuss your options and schedule a free consultation today, please do not hesitate to contact our Chicago legal malpractice attorneys today at 312-372-4142.

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Resources

ilga.gov/legislation/ilcs/ilcs4.asp
bls.gov/ooh/legal/mobile/lawyers.htm