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Legal malpractice is a serious breach of the attorney-client relationship that can detrimentally affect a client and their legal matter in numerous ways. When a client finds out that he or she is a victim of legal malpractice, it is critical they take immediate steps to address the malpractice, mitigate damages if necessary and possible, as well as obtain file information and other documents to preserve their claims and rights. It is not always easy to know if you’ve been a victim of legal malpractice. However, if you feel that your attorney has been negligent, has not acted with competence or has negligently or even intentionally caused damage to you as a result of the representation or omissions in the representation, the legal malpractice attorneys of Stanfield Bechtel Law would be happy to consult, analyze your situation, give counsel and act to protect you and your rights.
Failing to Act Competently in the Representation
Your attorney by representing you has agreed that he/she is able to act on your behalf and competent to do so. However, at times attorneys will represent clients in areas in which they do not usually or often practice. This is a hallmark that leads to malpractice or a mistake in the representation that can cost a client their case or the inability to obtain substantial damages to which they are due. If you are confronted with a situation where your attorney has lost your case, has caused you unexpected damages, has been terribly unprepared and has failed to perform well in your case, or has not properly pursued your matter, it may be because he/she does not usually practice in the area of your matter or for other reasons is not competent in the area of your matter. Of course a case can be lost having nothing to do with malpractice. We are happy to consult and investigate what happened in your matter and whether legal malpractice was involved.
Conflict of interest
A conflict of interest in legal representation exists when a client’s attorney has a colleague, family member, or friend on the opposing side of the case. It also occurs where an attorney has previously represented a client who is now your opponent. It can also occur if the attorney has some interest in the case that is not aligned with your interest and objectives in the case. Another example is when an attorney has a financial or personal interest in the company or entity that the client is suing. For instance, the attorney may be an investor in a corporation he or she is litigating against.
A conflict of interest makes it difficult, if not impossible, for the attorney to represent either party fairly and loyally with his or her full legal skill and competence. Regardless of whether he or she can do so, the attorney has a duty to inform the client of conflicts of interest. This includes any that arise after the attorney-client relationship has commenced. Although the client may be able to waive the conflict, once fully informed of it, in some cases the attorney must withdraw from the case. If you believe there was a conflict of interest in your case and that your outcome suffered as a result, we can help.
Unauthorized settlement
Many cases settle out of court, the product of what should be diligent negotiations between the attorneys as well as the client’s careful consideration of the risks, costs and benefits of going to trial. The attorney has an obligation to convey all settlement offers made by the opposing counsel to the client. This allows the client to decide whether to continue negotiating, resolve the case or get ready for a trial. The decision to settle a case or to move forward always belongs to the client. It is the responsibility of your attorney to explain all offers and the costs and benefits of resolving a case, versus moving forward.
Before any negotiations can begin or continue, the client must give authorization for the attorney to engage in such discussions with the opposing side. If your attorney decides to settle your case without your approval, you will likely have a malpractice claim.
Additionally, if your attorney does not understand the value of your case or is very interested in making a quick dollar and tries to settle your case quickly and for a much lower value than it is worth, that can also be malpractice.
Ask Our Team If You Have Questions About Malpractice
Legal malpractice isn’t easy to detect, especially if you’ve never had a case before. Our attorneys provide some practical guidance for how to spot it.If you’ve never had a legal case before or yours is a complex one, there’s a good chance that legal malpractice could go undetected for quite some time. We’re here to help. If you believe that you are or may have been the victim of legal malpractice, talk to us. We can take a look at your case and examine your potential options. Give Stanfield Bechtel Law a call today to learn more.