What You Need to Know About Attorney Malpractice
When we hire an attorney, we’re often seeking guidance and protection. Most lawyers are highly skilled professionals who work tirelessly for their clients. But sometimes, just like in any other profession, lawyers can make mistakes that have serious consequences for those they represent.
Attorney malpractice happens when a lawyer’s actions (or lack thereof) fall below the standard expected in their profession, causing harm to their client. It’s an area of concern for those working with commercial lawyers in particular. A mistake during commercial litigation or a mishandled commercial dispute can result in costly outcomes for a business or individual.
Defining Legal Malpractice
Simply put, legal malpractice occurs when an attorney fails to provide competent legal services. This can happen due to negligence, breach of fiduciary duty, or even intentional misconduct. Not all errors made by attorneys are considered malpractice, however, it’s about whether their actions fall significantly below what would be expected of a reasonably competent lawyer in similar circumstances.
Elements of a Legal Malpractice Claim
Proving legal malpractice is not an easy task. Generally, a client must establish four key elements to have a valid claim. First, there must be an attorney-client relationship, meaning the lawyer agreed to represent the client in the matter. Second, the lawyer must have breached their duty of care by failing to meet the expected standard of service.
The third element is causation, where the client must prove that the lawyer’s actions directly caused them harm. Lastly, there must be actual damages resulting from the attorney’s breach. If a commercial lawyer’s negligence led to a financial loss during commercial litigation, this loss would constitute the damage needed to complete a malpractice claim.
Examples of Legal Malpractice
Legal malpractice can arise in various ways, and it’s important to know what to look out for. Common examples include missing deadlines, failing to follow client instructions, or lacking the knowledge required for a case. In commercial litigation, a mistake by a commercial lawyer could mean a lost contract or damages awarded to the opposing party.
Another example is conflict of interest. Lawyers are required to avoid situations where their interests might interfere with their client’s best interests. In commercial disputes, failing to disclose connections to opposing parties or neglecting potential conflicts can easily lead to legal malpractice claims. Misusing client funds or ignoring key evidence are also red flags.
The Impact on Businesses and Individuals
Legal malpractice can have devastating effects, especially in commercial settings. When a business depends on an attorney’s advice for major decisions, any mishap can lead to significant losses.
For individuals involved in commercial disputes, having a trusted attorney is essential. A single error in legal strategy could lead to losing a case, higher settlement costs, or unexpected liabilities. Legal malpractice can therefore be not only financially damaging but also emotionally taxing, as clients feel let down by the professional they trusted.
Avoiding Attorney Malpractice
To minimize the risk of facing legal malpractice, clients can take proactive steps. One approach is researching and vetting potential attorneys thoroughly before hiring them. Look for commercial lawyers with relevant experience in commercial litigation and handling commercial disputes similar to yours. Transparency and clear communication with your attorney are also key to avoiding misunderstandings.
What to Do If You Suspect Legal Malpractice
If you believe your lawyer has acted negligently, you should first consider speaking with them about the issue. Sometimes, simple miscommunication can lead to misunderstandings, and a direct conversation may help clarify things. If, however, you’re confident that negligence occurred and caused you harm, you might need to consult with another attorney specializing in legal malpractice.
When pursuing a legal malpractice claim, remember that you may need to show proof of both the lawyer’s error and the harm caused by that error. The process can be lengthy, as proving causation and damages often requires significant evidence. Working with an attorney who understands commercial disputes and litigation is crucial to build a strong case.
Protect Your Enterprise from Attorney Malpractice
Attorney malpractice is a serious matter that can impact individuals and businesses alike. While most attorneys strive to serve their clients well, occasional errors and lapses do occur. Understanding the basics of legal malpractice and consulting with experts like Judge Arthur J. Gajarsa, can help clients navigate the risks involved in legal representation.