Your Attorney’s Competence:
When A Lawsuit Is Not Enough
When your lawyer makes a mistake that impacts your case, you might have a claim against your lawyer. Examples of common mistakes are when your lawyer misses important deadlines or fails to handle your case appropriately. While lawyers are not guarantors of a particular result and are not expected to nevermake mistakes, some mistakes are so great that a lawsuit is appropriate.
But not always.
And some mistakes are even more serious and can result in a disciplinary action against the lawyer. This is separate from any lawsuit you might have aganst your former lawyer.
Appropriate Sanctions for Incompetence
Incompetence not only leads to poor outcomes for clients but, in some situations, it can also result in appropriate discipline for the incompetent lawyer.
When a lawyer’s incompetence causes injury or potential injury to a client, the following sanctions are generally appropriate:
When a lawyer’s incompetence causes little or no actual or potential injury to a client, the following sanction is generally appropriate:
Whaley Law Firm has experience working with clients whose former attorneys failed to provide appropriate legal representation and suffered harm as a result. That harm can come in many forms. Whaley Law Firm can help you assess the strength of your case and the appropriate next step.
Ronald E. Mallen & Jeffrey M. Smith, Legal Malpractice §19 (1st ed. 2006).