It is not often that you find yourself needing legal counsel in the El Segundo area. When you do, you expect for the attorney you took time and money to hire to protect your rights and represent your interests. Issues can arise with your attorney that may cause you to end up with an unfavorable or unexpected outcome. How do you know if your legal representation is the cause of the result?
You may feel like your attorney is incompetent and not representing you to the best of their abilities. These two signs could indicate it is time for you to get a different attorney.
Did they breach their fiduciary duty?
Trust is important in attorney-client relationships. When lawyers mislead or violate that trust and confidentiality, they are breaching their fiduciary duty. By law, an attorney must honor the attorney-client privilege indefinitely and cannot use anything disclosed in confidence in court without their consent, states MarketWatch.com. Exceptions exist and vary by jurisdiction. However, attorneys do not have to remain loyal to their clients unless the attorney-client relationship still exists.
Did they follow proper protocol?
Attorneys are officers of the courts. They are held to the highest legal standards of expectations and procedures. When they act outside of those guidelines, they could find their credibility, expertise and professionalism called into question. It is not uncommon for judges and opposing legal counsel to call attention to protocol violations in court.
You cannot use your dissatisfaction about your attorney to legally support a claim for legal malpractice. You must have evidence to establish and prove an attorney’s incompetence.