Andrew Rubin, Esq.

Professional Malpractice Law Archives

How can I tell a good lawyer from a bad one?

In every profession, there are bad apples in the bunch. However, certain occupations require minimal errors, including your legal representation. While lawyers spend years in education and certification programs, some attorneys don’t take their responsibility seriously.

What should I do when my attorney doesn’t seem to know his job?

Question: My attorney has been representing me for about 6 months, and frankly, he doesn’t seem to know what he is doing. I am in the middle of trying to get divorced. My husband’s attorney is sending us inquiries about my income, bonuses, assets etc.

What happens when your attorney is missing in action?

Question: I hired my attorney over a year ago for my divorce. He filed the papers to begin the case, but has done nothing since that I am aware of. He hasn’t even served my ex with the papers. My ex could care less—he doesn’t have an attorney, is not paying child support and we rarely hear from him. I call my attorney’s office regularly and leave messages but I never hear back.

The duty of candor to the court and legal malpractice, P.3

We’ve been looking in recent posts at the duty of candor attorneys owe to the court, and the harm that can result from their failure to properly exercise their duties in this area. Last time, we mentioned several potential scenarios which could constitute an abuse of the duty of candor to the court. These scenarios involve harmful disclosures of information to the court or taking unnecessary or unreasonable remedial measures to correct the situation.

The duty of candor to the court and legal malpractice, P.2

In our last post, we began looking at the duty of candor attorneys owe to the court, and how this duty can sometimes run counter to an attorney’s duty of confidentiality to the client and the attorney-client privilege. Confidentiality and privilege ordinarily are so ingrained in an attorney that the prospect of having an ethical obligation to inform the court of matters disclosed to the attorney in private is unnerving.

The duty of candor to the court and legal malpractice, P.1

At the heart of many legal malpractice claims is a lawyer’s violation of ethical duties as articulated in state rules of professional conduct. These duties include things like: handling a client’s case with competence and diligence; keeping clients updated about the status of their case; avoiding conflicts of interest; and handling client funds responsibly.

Case highlights importance of navigating procedural barriers to legal malpractice litigation

Legal malpractice litigation can be an important avenue for holding a negligent attorney accountable for damages caused by poor representation. It is important, though, to work with experienced legal counsel to build a case that has legal merit and isn’t impeded by any procedural technicalities.

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