Signs of Legal Malpractice
A lawyer is obligated to certain professional standards when representing you in court. They can be held accountable for any reckless behavior that negatively affects the outcome of your case. Careless action may be difficult to read by those who do not have a law degree. These are three clear indications of legal malpractice to help you identify when it happens.
Violation of attorney-client privilege
Similar to the relationship between doctor and patient, there is binding confidentiality between a lawyer and their client. If a lawyer breaches this by talking about your case to people who are not involved, it can throw the outcome of your case. This is an example of malpractice as you are owed confidentiality to protect your private information.
Making decisions without consent
It the right of the client to accept or reject any settlements offered to them. It is the duty of the lawyer to communicate each step in the legal process and allow their client to give explicit permission before any decisions are made. It can be malpractice for a lawyer to make any decisions without their client’s permission.
Conflict of interest
If a lawyer has any personal connections or partiality to the opposing side in a case, this can debase their ability to properly defend you in court. A conflict of interest may be having a relative or friend on the opposing side, or investments with a company that the client is suing. Any good lawyer would forgo defending a client in a case in which they have a conflict of interest.
If you are unsure if you’ve been affected by legal malpractice, consult a lawyer separate from the attorney in question. They will help you review your situation and determine if you have experienced malpractice.
