Sometimes Californians may feel that their attorney is not giving a case as much time and attention as they think it deserves. Before filing a legal malpractice claim, though, it is important to understand what is not considered legal malpractice and what people can do to clear up misunderstandings with their lawyer.
There are a few situations which may initially seem like legal malpractice. According to FindLaw, some people may see poor communication as grounds for legal malpractice. Before contacting the state bar association, though, it is recommended that people write to their attorney. This can help them resolve the problem, as a lawyer may sometimes be busy with family obligations or a different case. Legal fees are another area in which someone might suspect legal malpractice. Before, and sometimes after, seeing an itemized break-down, people may look at the fee and wonder if their lawyer actually spent as many hours on the case as he claims. Before filing a claim, people should typically look over the fee agreement. This can help them understand the expenses and determine if there are any fees on the bill which they did not discuss with their lawyer.
When people think that their attorney may be guilty of malpractice, it is recommended that they read over the case file. This can help them understand the work a lawyer has already done. Additionally, it is a good idea to meet with the lawyer so people can explain their concerns.
Sometimes people may realize that their laywer has indeed committed malpractice. The San Diego County Bar Association says that in these circumstances, it is usually recommended that someone contact the State Bar of California to make a complaint. If the bar association finds that malpractice has occurred, it will generally make a lawyer go on probabation or issue a warning. More severe infractions sometimes result in an attorney being suspended or disbarred.