Was Your Attorney Careless to the Point of Malpractice?
Litigation deals with high stakes. There is little room for error when it comes to legal battles. This being the case, every move that a lawyer makes is magnified due to its significance. One misstep could mean the deterioration of the case that you and your lawyer have been building. Having a lawyer neglect to file the proper paperwork or miss a deadline could mean losing the case. To understand the complexities of taking a lawyer to court for malpractice, get in touch with one of the reputable San Diego-based legal malpractice lawyers at Browning Hocker. Until then, let’s delve further into what is considered a point of carelessness on behalf of a lawyer.
A steady stream of communication must be kept between client and lawyer. Clients must understand that their lawyers are dealing with a variety of cases and can’t dedicate all their time to any one client’s case. That being said, lawyers should return calls and inform clients of any sensitive updates regarding their cases. If a client has been given the cold shoulder by a lawyer, this may be grounds for malpractice.
A Misuse of Funds
In such instances, lawyers are hired to handle the money or property of a client. While lawyers are obligated to act in the best interest of their clients, sometimes they slip up and commit drastic mistakes. Mishandling of client money is a serious offense and could spell malpractice.
Not Filing Paperwork on Time
Filing paperwork on time is crucial to winning a case. Forgetting to do so could severely hurt one’s ability to win a case. Missing a filing is considered to be negligence and could be considered malpractice. The plaintiff in a malpractice case will often have to show that the lawyer’s carelessness caused a financial loss, injury, harm, or breached the contract in an explicit manner. Sometimes the plaintiff will also have to persuade the judge or jury that had the lawyer been competent; they would’ve won the case.