Established Excellence In The Practice Of Law

What does legal malpractice look like?

On Behalf of | May 17, 2024 | Appellate Law |

There’s no such thing as a “sure bet” when it comes to litigation – so a negative outcome isn’t necessarily a sign that your attorney did a bad job or committed malpractice. 

Legal malpractice happens when an attorney’s actions (or lack of action) deviate from the acceptable standard or norms within the legal community and somehow causes their client actual losses. Here’s what that can look like:

1. Missing deadlines

Every legal case has timelines that have to be followed, and an attorney who overlooks the statute of limitations on your case or misses an important filing date could destroy your case.

2. Inadequate discovery

Attorneys are expected to do their due diligence for their clients by investigating important details about a case. If your attorney failed to interview key witnesses or file the appropriate discovery motions to obtain documentation that could have made the difference between a winning and losing verdict, that would likely be malpractice.

3. Conflicts of interest

Your attorney has a duty to represent you to the full extent of their ability, and they can’t do that if their loyalties are divided. If, for example, they are a silent investor in a business you are suing, that’s a conflict of interest that cannot be ignored.

4. Incompetence

The law is a big field, and not every attorney is equipped to handle every case. If your attorney specializes in family law and they decide to take on a 

It’s not always easy to understand if you’ve been the victim of legal malpractice without professional guidance. If you have doubts about what happened with your case, it may be time to gather up all your documentation and seek a second legal take on the situation.