My Attorney Lost My Case on Account of Attorney Misconduct
Every attorney that ever stepped into a court of law lost a case at some stage of their career. However, not every attorney lost it on account of misconduct or malpractice. We expect attorneys who represent us to act in a professional manner, yet this is not always the case. Every so often an attorney will break legal tradition and act in a manner deemed inappropriate by legal standards. If you’ve lost a case due to negligence on the part of your lawyer, you may have the opportunity to sue your lawyer for malpractice. Here are just a few ways that your lawyer may have acted out of character.
Failure to Communicate
While it seems like an easy issue to avoid, failure to communicate in a timely manner with a client is one of the main reasons clients end up suing their former lawyers. Not efficiently communicating with clients is considered malpractice and is also an ethical violation. Lawyers are required to provide timely updates to clients as well as to keep an ongoing line of communication open. If this isn’t managed, you may have a viable case against a lawyer.
Before going to court, a citizen brings up their case to a lawyer and the lawyer deems if it is worthy of bringing to court. If a case simply can’t be won due to a lack of evidence a lawyer will most likely not take the case. However, if a lawyer is aware that the legal claim is baseless and proceeds to take the case to court, they may be culpable for malicious prosecution. In such cases, it is the original defendant who will bring up the claim of malicious prosecution against the lawyer who originally fought against them in a court of law. The plaintiff in a malicious prosecution case will sue in the attempt to receive financial compensation for all that they had been put through on account of the baseless litigation action.
To better understand if you may have a claim, contact the San Diego-based lawyers at Browning Hocker.