Couple discussing legal malpractice case with attorney.

Common Reasons for Legal Malpractice and What You Can Do About It

Legal malpractice occurs when an attorney’s failure to act in an appropriate manner causes harm to a client. Attorneys are held to a high standard of care when representing clients. When an attorney fails to meet this standard, he or she may be liable for legal malpractice. Legal malpractice typically involves some sort of breach of duty, negligence, or breach of contract. Below are some common reasons for legal malpractice. If you believe that you have been the victim of legal malpractice, or if you are an attorney accused of committing legal malpractice, it is very important to consult with a legal malpractice attorney who is well-versed in legal malpractice cases for assistance. 

Failure to Understand the Law

Failure to understand or correctly apply the law is the most common reason for legal malpractice in the U.S. Attorneys are expected to have a certain level of knowledge about their specific practice areas. Thus, an understanding of the law is an essential skill that all attorneys must possess. 

Missed Deadlines

Failure to meet deadlines can result in serious repercussions for clients. When a lawyer misses an important deadline, it can prove detrimental to his or her client, or may even result in the client’s total inability to proceed with a particular matter. Missed deadlines often occur when several attorneys in one firm all work on a single case. When there isn’t a single lawyer working exclusively on a case, the risk of missed deadlines greatly increases. In addition, attorneys sometimes fail to calendar important deadlines, such as a deadline to file a lawsuit. When an attorney fails to file a lawsuit within the applicable statute of limitations, this is a form of legal malpractice. 

Errors in Planning

Attorneys must adequately plan for all reasonable outcomes in their cases. Planning errors range from failing to devise a competent strategy to missing opportunities to respond appropriately to motions. When attorneys fail to plan properly, their clients suffer. 

Discovery Mistakes

Attorneys are required to uncover the information relevant to prove or defend their cases. Most of this information is obtained during the discovery process. Discovery is the process by which parties to a legal action request relevant information from one another. Examples of common discovery devices include interrogatories, depositions, requests for admissions, and requests for production of documents. Lawyers who have large caseloads or aren’t as committed to their clients as they should be sometimes cut corners during discovery, and this leads to negative outcomes for their clients. 

Failure to Communicate

Attorneys have an obligation to communicate with their clients about facts and information relevant to their matter. An attorney that fails to communicate may be committing malpractice.

Contact a Hackensack Legal Malpractice Attorney 

If you are a victim of legal malpractice in New Jersey, you may be entitled to compensation via a legal malpractice lawsuit. However, in order to give yourself the best chance at success, it is imperative that you first obtain the assistance of an experienced Hackensack legal malpractice attorney. At Rosenblatt Law, our experienced legal team will determine the best course of action based on the unique circumstances of your case and will work diligently to ensure that you are financially compensated for your attorney’s poor performance. Please contact our office today to schedule a consultation.