When taking a case to court in California, you expect your legal team to dilligently advocate on your behalf. Unfortunately, some attorneys are not on the side of their clients, either due to negligence or intentional misuse of the law. This is considered legal malpractice and it can have a devastating impact on a client in many different ways. Identifying legal malpractice can be a bit challenging, which is why HG.org offers the following examples.
Attorney fraud is a relatively straightforward concept, as it entails intentional client deception to meet a financial goal. A lawyer may also fail in his or her application of the law. For instance, if there is a statute that could help your case and your attorney neglects to utilize it during the proceedings, a lawsuit for malpractice is possible. Failure to apply a law can be intentional or unintentional, i.e. caused by a lack of legal knowledge in general.
An attorney must also obtain a client’s consent before litigating on his behalf. In most cases, obtaining consent must occur by getting a client’s signature before proceeding. Failure to do so can call into question all following legal actions, and can easily leave a case in shambles. Once consent is received, an attorney must also follow all client directives.
Lastly, an attorney must efficiently file all required documents related to the case. For example, failing to file a document prior to the statute of limitations date will deprive the client of being able to take legal action. In this case, a legal malpractice case is likely since the client was denied his or her rights under the law due to faulty legal counsel.