Clients can be damaged by lawyers in many ways such as:
- Neglect -missing a statute of limitation, failing to conduct and respond to discovery, failing to designate experts and/or proper witnesses.
- Lawyer’s conflict of interest-putting the lawyer’s interests above a client’s or putting one client’s interest over another’s.
- Drafting errors in documents and/or agreements.
The most common types of mistakes are:
- Failure to know the substantive law.
- Failure to get a client’s consent or to inform the client.
- Failure to calendar events.
- Not knowing or observing a deadline.
- Insufficient discovery and/or investigation.
Most legal malpractice occurs through:
- Administrative errors (among them: failure to calendar, clerical error, procrastination).
- Substantive errors (such as: failure to know the law, conflict of interest).
- Client relations (not following client instructions, improper withdrawal).
- Intentional wrong doing such as libel, civil rights, fraud, theft, malicious prosecution.