You hired a lawyer because you have a legal problem you cannot solve on your own. But what happens when your lawyer makes matters worse rather than better? Your attorney has a duty to handle your case in a competent manner. A lawyer who breaches this duty and makes serious errors may have committed legal malpractice.
Lawyers have a duty to handle your case in the same way another competent lawyer would. This means that when an attorney agrees to handle your case, they are implying that they have the learning, skill, experience, and ability possessed by other professionals in the same field. It is also implied that your attorney will use reasonable and ordinary care and diligence in the application of legal skills and legal knowledge for your case.
This does not mean that your attorney guarantees you will win your case. Far from it. In fact, losing a case and even giving bad advice does not usually constitute legal malpractice. However, when your case is dismissed or your chance of recovery is diminished as a result of your lawyer’s negligence, suing your former attorney may be appropriate.
Some common ways a lawyer may have breached his/her duty to you are: abandoning your case, missing important court-imposed deadlines, failing to properly allege or support a claim, or another error a professional in the field should not have made.
If you find that your lawyer did anything listed above, you may have a claim. Even though you have had a bad experience with an attorney in the past, it is important to promptly consult with a new attorney if you hope to successfully recover in a legal malpractice claim.
Sources:
http://www.nolo.com/legal-encyclopedia/suing-lawyer-malpractice-30192.html
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