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Who may sue for legal malpractice?

On Behalf of | Feb 2, 2022 | Legal Malpractice

Anyone engaging in commercial enterprises should have legal representation. Businesspersons from all walks of life typically want an attorney on speed dial in case conflict arises.

Some lawyers may act unethically or fail in their duty to conduct due diligence, either unknowingly or knowingly. Such shortcomings can severely affect their clients. Depending on the circumstances, wronged persons may sue former attorneys.

What proves a lawyer is guilty of malpractice?

Only under specific conditions may a client sue an attorney. For starters, the defendant must be guilty of negligent behavior.

It is also necessary for a client-attorney relationship to exist. Litigants ought to be able to produce a contract showing such an arrangement.

The American Bar Association imposes Rules of Professional Conduct on all its graduates. The expectation is that attorneys abide by them to the letter. Demonstrable violations are cause for punishment.

What are examples of attorney malpractice?

When legal advisors miss deadlines, lawsuits with legitimate underpinnings may become impossible. The financial recovery that a litigant could have received can then become irrecoverable.

Then we have abuse of finances. Comingling assets, for example, remains intolerable. Stealing a retainer from someone displays outright criminality.

Ignorance of the law can be a reason for suing. Lawyers get hired because of a professed familiarity within a specific judicial field. When alleged knowledge turns out to be untrue, the blowback tends to be dire.

Further, attorneys only have permission to act after receiving consent from clients. Major decisions without explicit approval are taboo.

Whether it is possible to sue an attorney depends on many variables. Those considering litigation against a former representative should understand them ahead of filing.