Attorneys are expected to provide competent legal services to their clients. If an attorney fails to do so and causes his client to suffer damages as a result, this may be considered attorney malpractice. A consumer can sue an attorney for malpractice. He will have to prove his case, however, by demonstrating that the attorney made mistakes that harmed him legally. For example, if an attorney fails to file paperwork in a timely manner and that causes his client to lose his case, his failure to file may be considered attorney malpractice.
Attorney malpractice can be separated into a few basics categories, which include negligence, breach of fiduciary duty, and breach of contract. An attorney's acts may be considered negligent if he failed to perform his duties with the skill one would expect from the average attorney. If his below-average performance causes his client damages, his client may sue him for attorney malpractice.
Sometimes attorneys put their own interests ahead of the needs of their clients. This situation is referred to as a breach of fiduciary duty. If a consumer believes that his lawyer pushed his interests aside in favor of his own, the client may accuse the attorney of malpractice.
When an attorney agrees to take on a client’s case, the two typically sign a contract detailing the duties, responsibilities, and rights of each party. If the attorney fails to perform the duties listed in the contract, he may be accused of a type of attorney malpractice called breach of contract. The client may sue the attorney for the damages caused by the breach.
Besides these basic types of malpractice, a client may also sue an attorney for other mistakes he makes in a case. For example, an attorney may miss court dates or fail to meet important deadlines. He may forget to send documents or send them to the wrong individual. These blunders can hurt a client’s case and give him grounds to sue for attorney malpractice.
An attorney may also face a lawsuit for attorney malpractice if he settles a case without first obtaining the client’s permission. Also, if after winning a case, the attorney pays his client from his own account and the check bounces, this may count as malpractice as well. An attorney may even be charged with malpractice after failing to return client phone calls or failing to respond to other contact attempts for a long period of time.
