Is Your Lawyer Guilty Of Malpractice?

Is Your Lawyer Guilty Of Malpractice?

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Attorney malpractice is a serious allegation. If you feel a legal matter was badly handled or that you cannot trust the legal representation you have had, you are advised to seek the services of another attorney in order to determine if there was malpractice. A malpractice action against a lawyer is much like any personal injury medical malpractice lawsuit: a person has suffered harm, and they believe that the harm is due to the negligence of the professional who was providing advice or services.

Legal professionals in the United States are bound by a code of professional responsibility maintained by The American Bar Association. The ABA code states that attorneys have an obligation to maintain the highest standards of ethical conductAs guardians of the law (they) play a vital role in the preservation of society. In other words, lawyers are held to strict standards. Whether the code has been violated on purpose, or by accident, it is still a serious issue.

It is important to point out that a lawyer has not committed malpractice simply because a client lost his case, although this is often the source of friction between an attorney and client. Another source of a break between a legal professional and the client is over the issue of fees. A dispute over charges is not in and of itself a case of malpractice.

Here are just some of the examples of substandard practice: In order for there to be malpractice, a lawyer must have violated the recognized standard of legal care in other words, have been negligent. It may be malpractice if there has been illegal conduct, or immoral behavior. Fraud, including financial misconduct, may be evidence of malpractice. Breaking the confidentiality of a client is forbidden. Attorney-client privilege is considered sacred, because clients must feel free to talk about anything and know that they can put their trust in an attorney to keep it confidential.

The ABA code prohibits a lawyer from neglecting a legal matter or from handling an issue without adequate preparation. It forbids taking on a legal matter in an area in which the lawyer knows or should knows he or she is not competent. Ethical behavior demands that even an appearance of impropriety must be avoided. The ABA is very clear about the reason to avoid lawyer malpractice: Public confidence in law and lawyers may be eroded by irresponsible or improper conduct of a lawyer.

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