Legal Malpractice Claims: 3 Common Types

Hopefully, you never have to pursue the professional assistance of a lawyer. However, there may come a time in your life when you need to do so, and if you do, you will be extremely vulnerable. Upon hiring an attorney, you are putting your life in his or her hands and expecting him or her to provide you with the utmost legal care. If an attorney fails to provide you with adequate legal assistance and honor all of his or her legal obligations, then you are the one that suffers, potentially leading to what is called legal malpractice—sort of like medical malpractice but in the legal industry. Thankfully, there is something that you can do to get recourse. Read on to get a look into three of the most common types of legal malpractice.

Failure to Apply or Be Familiar with the Law

When an attorney doesn't know, comprehend, or apply a particular law that is important to your individual case, then you—as a client—could potentially suffer harm as a result. Attorneys are supposed to be familiar with laws and be able to properly apply them as needed in order to safeguard and assist your legal claim. When they are unable to do this, you can use this in your claim against them as you seek monetary damages.  

Error in Preparation

When comes to preparation errors, they come in many different forms. Generally, they are most common in personal injury claims as well as commercial and business law claims when lawsuits need to be filed. If an attorney fails to schedule and meet schedules or properly plan/prepare his or her client for the potential ways that his or her case could play out, then a preparation/planning error could result. For example, if your attorney recommends that you do not obtain liability insurance for your commercial organization then you are sued because of not having this insurance, you may have a legal malpractice claim against this attorney.

Insufficient Investigation or Discovery

Attorneys have the responsibility of investigating all aspects of any legal case that they are dealing, regardless of its [potential outcome. If an attorney fails to pursue a reasonable investigation and you (the client) suffers harm because of this, there is a good chance that you have the basis for a legal malpractice claim.  

For more information about whether your individual situation warrants a potential lawsuit, contact a legal malpractice attorney in your area today.