What Is Legal Malpractice?

documents about legal malpractice in a courtIf you’re going to court, it’s not enough to have a lawyer or attorney. You want to win your case and get the compensation you deserve or avoid the damage that will unfairly be upon you. When lawyers harm their clients, the victims can file legal malpractice claims. But first, what’s legal malpractice?

Legal malpractice means a lawyer harmed a client either by mistake or failure to follow ethical or professional principles of conduct. This includes negligence, breaking contracts, hurting a client, or causing a client a financial loss. For a successful case, you have to prove their malpractice.

Common Types of Legal Malpractice

There are endless ways a lawyer can do wrong, but many can be broken down into a few common types.

  • Filing a lawsuit too late or outside the period of the statute of limitations
  • Not investigating the case as they should
  • Distorting facts or the law to the client
  • Giving bad or inadequate advice
  • Lying in court
  • Not showing up to court
  • Failing to file court documents or improperly filing them
  • Unreasonable charges
  • Conflicts of interest
  • Not maintaining client confidentiality

Alternatives to a California Legal Malpractice Claim

A lawsuit makes sense for a major loss, but an alternative may work for a minor case. If your lawyer isn’t acting professionally, you should find a new one. You can also report them to California’s disciplinary board.

You need to keep any proof of damages to have a chance in court. A legal malpractice lawyer will help you learn the law and your options for suing. James Braden has over 35 years of experience in law. He works hard and thoroughly for his clients, so feel free to contact us with any questions you have.