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.
You moved into your new home and were enjoying everything about it. You picked out the plans, the paint colors, the flooring and all other aspects of your home. The one thing that has been troubling you is that the home is extremely cold.
When you entrust an attorney to do something for you, you expect that to get done. For example, if the attorney works to invest or create a trust for you, you expect that your money is going where you were told it would go. If you find out that the attorney did not use your money correctly or used it for his or her own personal gain, then you can pursue a legal malpractice claim.
The last thing you want, in your hour of legal need, is to hire a bad lawyer who doesn't advocate for you in the right way. Even worse, what if you hire a negligent lawyer who loses your case because he commits legal malpractice?
Countless employers throughout the nation run background checks on every employee they hire. If you're employed in Illinois, there's a good chance that a current or former employer has subjected you to a background check.
You thought everything was going well with your attorney. You had given him all your information and documents early on, so you expected that he'd filed the documents with the court and started your case. You had months before the statute of limitations would limit your claim, so you had full confidence that you'd see your day in court.
As a client, you expect your attorney to call you regularly or at least to stay in touch in some manner. When he or she doesn't do so to update you on your case, you may feel like you're out of the loop and have no idea what's happening with your lawsuit. When an attorney doesn't get back to you promptly, it may be a sign of legal malpractice, which is something you could file a lawsuit for in some cases.
When Illinois residents go to a lawyer for legal representation, they're usually taking a leap of faith. It doesn't matter if you found your lawyer via an internet search or if a friend recommended him or her. By retaining an attorney, you're putting your trust in the lawyer's ability to offer you sound legal guidance and representation.
Fiduciary duties relate to the professional responsibilities that an individual owes you while providing a service. For example, imagine a doctor is treating you for an illness. The doctor has a duty to provide treatments and medical services to you that are in alignment with your best interests and needs.
Many people think that if their attorney doesn't do things up to par that they don't have any way to rectify the situation. This is where many people are wrong -- legal malpractice is a very serious issue that does have legal ramifications.