Malpractice (Legal)

Clients can be damaged by lawyers in many ways such as:

  1. Neglect -missing a statute of limitation, failing to conduct and respond to discovery, failing to designate experts and/or proper witnesses.
  2. Lawyer’s conflict of interest-putting the lawyer’s interests above a client’s or putting one client’s interest over another’s.
  3. Drafting errors in documents and/or agreements.

The most common types of mistakes are:

  1. Failure to know the substantive law.
  2. Failure to get a client’s consent or to inform the client.
  3. Failure to calendar events.
  4. Not knowing or observing a deadline.
  5. Insufficient discovery and/or investigation.

Most legal malpractice occurs through:

  1. Administrative errors (among them: failure to calendar, clerical error, procrastination).
  2. Substantive errors (such as: failure to know the law, conflict of interest).
  3. Client relations (not following client instructions, improper withdrawal).
  4. Intentional wrong doing such as libel, civil rights, fraud, theft, malicious prosecution.

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