Long before a legal case gets to trial, there's something called a period of discovery. The discovery process allows attorneys on both sides to gather and evaluate the evidence so that they can use the information to negotiate a favorable settlement -- or take a case to trial and win.
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 may be accused of malpractice if they take on a case although they're incompetent to do. The same outcome may result if they're negligent in handling a case that they agree to take on.
We all have the capacity to make mistakes in our jobs -- even attorneys. When does that error rise to the level of legal malpractice?
A Massachusetts law firm is back in the news, now that the state's Court of Appeals has ruled that a legal malpractice case against the firm can go forward.