You feel that your lawyer lied to you, or at least misled you about the likelihood of winning. Lawyers are supposed to be honest with their clients—so does this mean that you have a case for legal malpractice?
Not necessarily.
Losing doesn’t always indicate malpractice
Losing a case can sometimes indicate malpractice, but not always. Legal malpractice refers to a lawyer’s poor conduct that falls below the standards of practice. When a lawyer fails to meet these standards and his resulting malpractice harms the client’s case, there may be grounds for a legal malpractice lawsuit. However, you would need to demonstrate to a court that your lawyer’s conduct failed to meet the standards of due care and that this negatively affected your trial’s outcome.
Simply losing your case is not enough to bring a malpractice lawsuit. There are many reasons that you may have lost your case. Perhaps the judge or jury was persuaded by the other side’s argument, or your evidence was not substantial enough. It is also possible to lose a case because of your lawyer’s weak arguments, lack of experience or poor attiude . These signs might indicate an inferior lawyer, but they are not considered malpractice.
When is losing caused by malpractice?
There are some times when losing a case is indeed the result of legal malpractice. Your trial’s outcome may have been influenced by legal malpractice if your lawyer:
If your lawyer committed one of these infractions and it affected your case’s outcome, you may have grounds for a legal malpractice lawsuit.
]]>As a client, it is helpful for you to know your case’s deadlines. But meeting these deadlines is not necessarily your responsibility. The burden of following deadlines lies with your attorney. As your legal representation, your lawyer has an obligation to be aware of and meet all the relevant deadlines of his clients’ cases.
The consequence of missing deadlines
Just about every jurisdiction has strict deadlines when it comes to legal cases. There are discovery deadlines, trial deadlines, statutes of limitations, filing deadlines and more. Missing one of these deadlines can have a variety of penalties. Sometimes, the consequence may be a fine and a delay in your case. But in other situations, missing a deadline could be the nail in your case’s coffin. Many courts will not allow a case, no matter how important it is to you, to proceed if it misses the mandated deadlines.
Attorneys and deadlines
Every lawyer must understand the importance of deadlines. Meeting deadlines is a very basic responsibility of all lawyers. No matter how seemingly busy your attorney is, it is his professional obligation to handle your case in a timely manner and meet every deadline.
When a lawyer misses a deadline, it can indicate a form of legal malpractice called negligence. When a lawyer is negligent, you may be able to file a legal malpractice lawsuit and receive compensation for your legal fees and other damages. Sometimes, court verdicts that were influenced by a lawyer’s malpractice can even be thrown out. Your case deserves a fair shot by an attorney who meets all his deadlines.
]]>However, not all lawyers communicate in this manner. Sometimes lawyers, no matter how seemingly accomplished, have downright poor communication skills. No matter your lawyer’s area of practice or the details of your case, your lawyer should have these crucial communication skills.
Lawyers must be able to adapt their communication skills to very different situations. When speaking with clients, attorneys should be professional and informative. In front of a court, they should be able to communicate their arguments powerfully and persuasively to a judge or jury.
A lawyer who has excellent communication skills should be able to pick up on nonverbal clues that his clients give. This does not necessarily mean that your attorney will be a mind-reader. But it does mean that they should be able to tell whether you are stressed, excited, happy or angry.
One of the most important communication skills that a lawyer should have is the ability to listen to their clients. Listening goes a long way in communication and is often an underrated skill. To really take in the details of your case and understand your mindset, your attorney would do well to be a good listener.
Attorneys and communication
Some clients find themselves in a situation where their lawyer is not communicating effectively. It may take the attorney a long time to respond to inquiries, if they ever respond at all. Sometimes, lack of communication is simply due to a heavy workload or poor communication skills. But in some situations, bad communication can fit the criteria of professional malpractice and can negatively affect an attorney’s cases.
]]>In today’s post, we will conclude our discussion with three more important steps to know.
3) Fire your lawyer
Yes, you can fire your lawyer. There is absolutely no need to continue working with someone you feel is unprofessional, unethical or negligent. You may still have to pay the fees for the previous legal work that your lawyer did for you. (If you feel that your attorney has been overcharging you, you may not have to pay the fees in full.)
4) Find a legal malpractice attorney
Take your case to a reputable attorney who specializes in legal malpractice. The field of legal malpractice deals with lawyers who have acted unlawfully. There are certain attorneys who make a career out of going after these unscrupulous bad seeds. Bring any documentation that you can. This include records from your original case as well as records detailing your attorney’s dodgy actions.
5) Complain to your state bar association
To file a complaint against your attorney, you should contact New Jersey’s Office of Attorney Ethics. This is the body that deals with disciplining lawyers who have committed malpractice. The penalties can range from admonition to temporary suspension to permanent disbarment. In some cases, lawyers who have committed criminal acts may even be arrested and face criminal prosecution by the state.
]]>It is important for clients to be aware of the professional expectations for lawyers. Most lawyers are hardworking professionals, but some try to commit malpractice. If you know what to expect from your attorney, then you will also know whether they are behaving ethically or negligently.
Prompt communication
Lawyers are busy people, but they still owe you prompt communication. This does not necessarily mean that your attorney will be able to respond to your phone call within five minutes. But it does mean that your attorney should respond in a timely manner. Your attorney should also provide you with regular updates on your case.
Knowledge and competency
Clients should expect that their lawyers have knowledge of the legal system and are competent in their field of practice. Although lawyers are humans who are capable of mistakes, your attorney should not make significant errors that affect the outcome of your case. If they do, it could be considered negligence.
Ethical behavior
You should also expect ethical behavior from your attorney. Every state has its own regulations regarding legal ethics, including New Jersey. Some of the common rules that lawyers should follow include maintaining attorney-client privilege, remaining loyal to their clients, putting their clients’ interests above their own and working within the law.
Fair pricing
Sometimes, clients feel frustrated by their attorney’s high fees. There is a difference between a lawyer charging high fees and a lawyer exploiting their clients through unfair pricing. Your lawyer should be willing to set a fee agreement in writing for you. They should also provide clear billing statements for services rendered.
]]>Whatever the reason, deciding not to complain about an attorney’s poor behavior may be a mistake that you regret. You should know that it is perfectly acceptable—and even necessary—to file a complaint about your negligent attorney.
Holding them accountable
Attorneys have an obligation to behave competently, professionally and ethically. Attorneys who disregard this obligation are putting their clients’ cases at risk and should be held accountable for their actions. By filing a formal complaint, you will be one step closer to holding bad lawyers accountable for their bad behavior.
Obtaining compensation
When a lawyer neglects their duty to you, you could experience serious repercussions. Not only might you lose your case, you might lose money because of legal fees or trial settlements that you have to pay and you may suffer emotional damage. In many cases, victims of legal malpractice are able to receive compensation for the damage they suffer. The first step in receiving compensation is making your complaint known.
Preventing future malpractice
If an incompetent or unscrupulous lawyer is allowed to continue practicing, there is a good chance that he could take advantage of even more clients. Filing a complaint can alert the New Jersey Office of Attorney Ethics to a lawyer’s misconduct. From there, it may take the necessary steps to prevent this attorney from harming more clients.
How to file a formal complaint
When you are ready to file a complaint, you should contact the Office of Attorney Ethics. It is wise to work with a legal malpractice attorney. The right attorney can help you navigate the complaint system faster, and victims of malpractice can benefit greatly from having an advocate fighting for them.
]]>However, there are some attorneys who abuse this relationship and take advantage of their clients. This could include overcharging them for legal services, mishandling their case or even neglecting their case entirely. This is considered legal malpractice, and it happens all too frequently. If you believe that your attorney has is committing malpractice, these are the steps that you should take.
1) Try to contact your attorney
The first step is to voice your concerns to your attorney. It is important to be persistent and attempt several methods of contact, including phone calls, emails and visiting the office in person. You may also wish to write a formal letter specifying your concerns. Send it by certified mail and request a signature upon delivery to guarantee that it was received. It is possible that your attorney was simply too preoccupied to contact you, or that it slipped his mind. But if your attorney is consistently ignoring you, it is time to take another step.
2) Keep a record of your efforts
Start documenting your efforts to get in touch with your attorney. Keep track of the time and date that called, emailed or visited them. If you speak with an assistant or staff member, record their name and the details of the conversation. You should also keep detailed records of your attorney’s transgressions and any consequences that they had for you. For example, if he missed a filing deadline and your court case had to be rescheduled.
Taking the next steps
Perhaps you have already repeatedly contacted your attorney and are keeping a detailed log of your interactions (or lack thereof). In our next blog post, we will discuss two more steps to take if you believe your lawyer is committing malpractice: Contacting a new attorney, and complaining to the state bar.
]]>Anyone who is considering hiring an attorney should know that not all of them are competent. In our last post, we looked at some of the warning signs of bad lawyers. In this conclusion, we will follow up with some more of the most important red flags to avoid when hiring an attorney.
An unprofessional attitude
Some lawyers are in a rush because of their busy schedules, but a lawyer should never seem impatient over overly hasty when dealing with your case. Nor should a lawyer be condescending, rude or otherwise unprofessional. Attorneys who have a poor attitude can end up being difficult to work with. In negotiations or a court trial, a lawyer’s bad attitude can also seriously hurt your case.
Lack of organizational skills
It is crucial for lawyers to be organized in order to meet deadlines and prioritize their workload. Some attorneys handle this by staying meticulously organized; others employ assistants or other personnel to organize their calendars. An attorney who is hindered by poor organizational skills is not going to be effective in handling the myriad details of your case.
Promising specific results
Even the best attorney is not a psychic. Lawyers should not make promises to their clients that they cannot keep. Sure, lawyers can offer much-needed assistance and advocacy in a case, but there is no way to guarantee a certain outcome. In fact, attorneys who have guaranteed a certain result that they could not deliver may be held liable for professional malpractice.
]]>The process of finding the right lawyer can be difficult. There are tons of lawyers out there—and not all of them are good. Knowing the warning signs of bad lawyers will make it much easier to find a great one. This series on our blog will examine some of the most important warning signs to avoid in a lawyer.
Poor communication
No doubt your attorney has a busy schedule, but so do you. If a lawyer doesn’t return your phone calls or emails promptly, you should look for someone else. Poor communication demonstrates an alarming lack of professionalism. It could also indicate that the lawyer has too many cases on his plate, doesn’t know how to handle your case or is favoring other clients over you.
Missing important deadlines
In the legal world, deadlines can frequently make or break a case. A lawyer who misses important deadlines can seriously damage your case—no matter how valid it is. In fact, failing to meet deadlines can be an example of negligence, and may be grounds for a legal malpractice suit.
Lack of references
A reputable attorney will be able to provide a list of references or past clients. References are a useful tool for assessing a lawyer’s reputation and rate of success. If your lawyer declines to produce some solid references for you, it could mean that he is on bad terms with his previous clients or that former colleagues will not speak kindly of him.
These three examples are just the tip of the iceberg when it comes dealing with bad lawyers. If you have experienced any of these red flags, you may wish to consult with a lawyer who specializes in legal malpractice. In the next installment of these series, we will examine several more signals that you should beware of in attorneys.
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5. Expense account reimbursements
Expense accounts are fairly common in the world of business. If an attorney has to travel somewhere and stay in a hotel, they may charge it to an expense account. But this becomes exploitative if an attorney charges for expenses that they did not actually incur. Other attorneys may overcharge for certain expenses and pocket the difference—for example, flying coach but charging for first-class seats.
6. Charging ridiculous rates
Yes, lawyers tend to be expensive. But their rates should be commensurate with their experience and the services they provide. Attorneys who charge in the high three figures—or even four figures—per hour are almost certainly overcharging you, and they are almost certainly not worth the money.
7. Inefficiency or negligence
In a similar vein, lawyers should be able to provide effective counsel for their clients-- especially considering their high fees. Some lawyers accept high payments but do ineffective, shoddy work in return. Other lawyers may be completely negligent. Some clients have experienced rotten attorneys who charge an upfront fee only to disappear without doing any work at all.
8. Working in their sleep
Lawyers have notoriously grueling schedules-- but how about lawyers who claim to never sleep? In the past, some unscrupulous attorneys have charged clients for seemingly impossible hours. How impossible? Try 15 hours a day, every day, for a year. One lawyer even charged his client for a supposed 52 consecutive all-nighters.
Recourse for clients
It is unfortunate that some attorneys try to get away with professional malpractice. Clients who have been bilked by their lawyers do have legal options, though. A reputable and trustworthy lawyer who specializes in professional malpractice law may be able to offer justice and compensation to victims of dishonest attorneys.
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