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Lawyers must provide competent legal services to their clients, and failure to do so can result in malpractice. Clients can sue for negligence, breach of fiduciary duty, breach of contract, missed deadlines, and other mistakes. Malpractice can also occur if an attorney settles a case without permission, fails to return calls, or pays the client from their own account.
Lawyers are expected to provide competent legal services to their clients. If a lawyer fails to do this and causes harm to his client as a result, this can be considered malpractice of the lawyer. A consumer can sue an attorney for malpractice. However, he will have to prove his case, proving that the lawyer made mistakes that damaged him legally. For example, if an attorney fails to submit the paperwork in a timely manner and this causes his client to lose the case, his failure to submit may be considered malpractice of the attorney.
Attorney’s negligence can be divided into a few basic categories, which include negligence, breach of fiduciary duty, and breach of contract. A lawyer’s acts may be considered negligent if he has not performed his duties with the skill that would be expected of the average lawyer. If his below-average performance causes harm to his client, his client can sue him for attorney’s negligence.
Sometimes lawyers put their own interests before the needs of their clients. This situation is referred to as a breach of fiduciary duty. If a consumer feels that his attorney has sidelined his interests in favor of his, the client can charge the attorney with malpractice.
When an attorney agrees to take on a client’s case, the two typically sign a contract detailing the duties, responsibilities, and rights of each party. If the lawyer fails to perform the duties listed in the contract, he may be charged with a type of legal malpractice called breach of contract. The client can sue the lawyer for damages caused by the infringement.
In addition to these basic types of malpractice, a client can also sue a lawyer for other mistakes he or she makes in a case. For example, an attorney may miss court dates or miss important deadlines. You may forget to send documents or send them to the wrong person. These mistakes can hurt a client’s case and give them grounds to sue for malpractice.
An attorney may also face a malpractice lawsuit if he settles a case without first getting the client’s permission. Also, if after winning a case, the attorney pays his client from his own account and the check fails, that too can be considered malpractice. An attorney can also be charged with malpractice after failing to return client phone calls or fail to respond to other contact attempts for an extended period of time.
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