Does unhappiness equate to legal malpractice?

It is not always easy to know who to hire when you need a California attorney. More than anything, you want someone who has expertise in the area in which you need help. But it is not enough for him or her to be an expert. You also want the lawyer you hire to work hard as an advocate for you, and advocacy is a unique skill that goes beyond knowledge in a practice area.

What if your attorney is knowledgeable, but you do not feel like he or she is working as hard for you as you expected? Is it enough that you are unhappy about something that has happened? Can you file a legal malpractice suit just because you are not as pleased as you had hoped you would be with the lawyer’s work?

The American Bar Association answers these questions directly with a series of its own questions and answers. First, though, the article points out that “every case has at least two sides.” This statement seems to imply that some even have more than two sides, and when you take into account all the varying perspectives of those involved in any given case, that is not out of the question.

Given that reality, the ABA says, “You cannot always blame your lawyer if your case does not turn out the way you thought it would.” The Association also gives suggestions for individuals who may not be happy with their lawyer’s work.

First, the ABA says, talk with your attorney. A lot of problems can resolve themselves when there is good communication. Also, pay attention to the guidelines the law requires attorneys to follow, including acting with due diligence, providing competent service and maintaining confidentiality.