There are certain things that an attorney might do that could open the door for a legal malpractice case. These things may seem harmless, which makes them even riskier for attorneys. Even clients may not realize that these situations could constitute malpractice.
The American Bar Association explains that malpractice is when a lawyer does not meet professional standards in his or her work. It may include ethical issues as well as things the attorney did or did not do which put the case or client at needless risk. There are many obvious situations, such as not meeting deadlines or not doing a complete investigation, but there are just as many situations that may not be so obvious.
Technology can be incredibly helpful in a legal case. It can save time and money, but it also can open the door to problems. It is essential that an attorney understands the e-discovery process and explains it to his or her client. Not providing adequate information could lead to malpractice issues because it could interfere with the integrity of the case.
One of the biggest reasons people file a malpractice case against an attorney is due to a lack of communication. Attorneys need to communicate everything with their clients. They should stay in contact and relay information as they get it.
An attorney is ultimately responsible for his or her staff and their actions. It is not an excuse that someone did not do their job and dropped the ball during a case. The attorney needs to stay on top of staff and ensure they follow through with the duties assigned to them. If an employee does not file paperwork on time, it is the attorney who will face the lawsuit for malpractice since it is the attorney who should have verified the staff member filed the paperwork on time.