What Does Legal Malpractice Look Like?
If you have been less than impressed by the work that your attorney has done on your behalf, you are not alone. Quite a few clients express some form of dissatisfaction at the way that their case was handled. However, only a handful of these dissatisfied clients have actually experienced legal malpractice. Since there are a few types of legal malpractice, it may be helpful to distinguish situations in which malpractice has occurred from situations in which the client is dissatisfied but no malpractice has occurred.
When an attorney makes a mistake, it is upsetting for their client. However, attorneys do make mistakes, just like anyone else. While the mistake that your attorney made with your case is certainly upsetting, it is essential that you think about whether the mistake has caused you any harm before you file a complaint against them. For example, if your attorney does not file a specific form by the proper deadline, your case may be dismissed or a default judgment may be entered against you. Those are situations in which there has been harm, so it is possible that malpractice has occurred. However, if the mistake is something which can be fixed without putting you at a disadvantage, there are no damages and therefore no malpractice.
If some time has passed and you have not received any communication from your attorney about how your case is progressing, you may feel concerned, and rightfully so. After all, you have placed an important legal matter in their hands, trusting that they will do what needs to be done in order to pursue the result that you wish to accomplish. However, it is not necessarily true that your legal file is languishing at the bottom of a file drawer just because you have not heard from your lawyer for a while. Each legal matter has different tasks associated with it, and in some cases, there may be periods of time where your case is in a sort of holding pattern between the various stages that it will go through on its way to resolution. The best way to address the situation is to contact your attorney, and let them know that you would like an update on your case. A good attorney will make time to contact you, even if it is just to say that your case is waiting on something before it can proceed to the next step in the process. If your attempts at communication go unanswered, request a meeting with them. If they will not meet with you, it may be time to speak with the Tennessee Board of Professional Responsibility about filing a complaint against your attorney.
Sometimes, lawyers have to be the bearers of bad news. In some cases, this entails speaking with their clients about why they cannot do exactly what the client wants them to do. In other cases, a lawyer and her client may have different thoughts about the overall strategy for the case. Again, reasonable minds can differ about how a particular case ought to be handled without malpractice occurring. Your lawyer is a skilled professional who knows how to get their clients what they want. It is possible that the end result may be what you had hoped, even though the path to it is not the one you would have chosen yourself. Remember that the key factor in determining whether malpractice has occurred is whether the client has been prejudiced or damaged by the defendant’s actions.
If you think that you might be a victim of legal malpractice, the seasoned Memphis Legal Malpractice Attorneys at Greer Injury Lawyers, PLLC are here to help you. To learn more, call (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.