Imagine your lawyer told you what a great case you have before you hired him. In fact, from your lawyer's descriptions, it sounded like you had a "slam-dunk," the law was completely on your side, and you were virtually guaranteed to win.
A couple of months into your case, however, your lawyer delivers some sad news. Your case was dismissed. He said that he's sorry, and there's nothing he can do. After a little bit more investigation, you discover that the judge didn't dismiss your case due to lack of merit. The judge dismissed your case because your lawyer missed a vital deadline. You may have been the victim of legal malpractice.
Examples of legal malpractice
Legal malpractice can appear in many different ways. Essentially, a claim relating to legal malpractice boils down to the negligence or unlawful behavior of your attorney, which resulted in some kind of injury. Usually, this injury will be financial in nature, but it could also relate to a loss of opportunity or some kind of criminal consequence that you suffered.
Here are a few examples of legal malpractice:
Failure to understand or apply the law: Your lawyer has an obligation to know, understand and appropriately apply the law on your behalf. Failure to do so could result in a legal malpractice suit.
Failure to timely file documents: If your lawyer fails to file a specific document, it could result in the destruction of your legal rights. Similarly, if your lawyer fails to file documents within a specific period of time, you might be forever barred from pursuing your claim. Failure to file claims are common in the world of legal malpractice litigation.
Failure to get client authorization: Your lawyer cannot act on your case without first obtaining your authorization. For example, before settling your lawsuit, you need to agree to the settlement in a clear consultation with your attorney.
Fraudulent practices: If your lawyer lies to you or deceives you in any way, he or she could be guilty of fraud.
Failure to follow your instructions: Your lawyer cannot ignore your legal instructions.Were you the victim of legal malpractice?
Attorney malpractice costs victims millions of dollars in damages every year. It can also result in people going to jail when they shouldn't have. If you've been the victim of legal malpractice, you may want to investigate strategies for bringing your wrongfully acting lawyer to justice.