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What are legitimate examples of legal malpractice?

On Behalf of | May 26, 2022 | Legal Malpractice

When you hire a lawyer, there is the expectation of competency and honesty. Unfortunately, not all attorneys execute their duties to an honorable degree. Legal misbehavior can have consequences.

If your representative is guilty of mishandling affairs, sue for legal malpractice. Not all situations qualify. Before taking your attorney to court, know that you have a justifiable claim.

Failures of knowledge

Attorneys are honor-bound to be truthful about the extent of their expertise. They cannot boast an understanding of a particular specialty they do not have. Misrepresenting their breadth of knowledge to you is acceptable grounds for compensation.

Failures of timing

Courts often impose deadlines for filings and motions. If your legal counsel is not mindful of these timeframes, it can be detrimental. For example, consider what happens when initiating a lawsuit over employment discrimination. Missing the standard cut-off period of 180 days from the date of the event might mean your case will never come to trial. The system only allows one bite at the apple.

Failures of planning

Attorneys need to prepare for every possible outcome. In court, your representative must be able to react the moment situations change. By way of illustration, if you are a defendant, there may be an opportunity to dismiss the lawsuit. Your attorney has to move fast and seize the chance for this to happen. Not acting means the opportunity is gone forever.

Attorneys negligent in their duties have responsibility for the damage they trigger. Another legal representative can sue over the inappropriate performance of your original counsel.

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