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The most common reasons for legal malpractice claims

On Behalf of | Nov 1, 2019 | Legal Malpractice

Most attorneys are honorable people who always do their best to represent clients and their interests. There are sometimes some bad apples in the bunch though. While there are many different reasons that a client may sue their lawyer for malpractice, not all lawsuits have merit. There are many common unethical actions that attorneys may take that may result in them putting their bar card at chance though.

An attorney is a fiduciary, or someone that clients are supposed to be able to put their trust into to do the right thing on their behalf. If a lawyer mishandles someone’s property or their money or otherwise doesn’t act with loyalty, candor and in good faith, then they may be rightfully sued for breach of their fiduciary duty.

Attorneys can be sued for legal malpractice because they have conflicts of interest, as well. This most often happens when they represent two clients with disparate interests. If they are affiliated personally with a certain cause and take on a client with completely different interests, then they may be sued for legal malpractice for a conflict of interest.

An attorney is supposed to set up separate bank accounts when managing client or beneficiary funds. If they fail to do so and instead mix them all together, then they may be sued for legal malpractice on commingling grounds.

Another common reason that attorneys are sued for legal malpractice is if they willfully, carelessly or indifferently neglect a case. If they don’t adhere to filing deadlines, fail to carry out the duties that they were contracted to perform of otherwise mishandle a client’s case, then they can be sued for negligence.

If you feel as if your criminal or civil case was mishandled, then you should reach out to a legal malpractice attorney. Your lawyer can review your case to verify whether any impropriety occurred. If they deem that it did, then your lawyer will advise you of different legal avenues that you can pursue to set things straight.

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