Common Types of Legal Malpractice
Published on:March 17, 2016
Legal Malpractice

It can sound a bit odd, but there are law firms that will help their clients to sue other law firms because of something called legal malpractice. Just as a doctor is expected to know and properly administer medicine, a lawyer is expected to know how to administer law. Every detail of a legal proceeding must be done properly, or else the client could miss out on their opportunity to win their case.

When a lawyer slips up, it can lead to a legal malpractice case. By knowing the most common types of legal malpractice cases, you can identify issues that could allow you to sue an attorney that is not competent in executing their duties.

Failing to Understand the Law

The law is a complicated set of rules that often connect together in not so obvious ways. An attorney is expected to understand the law as it applies to each case, or take the time to become knowledgeable on each situation. When an attorney makes a mistake because of a complete lack of understanding of the law, then that can lead to a legal malpractice case.

An Error in Planning a Case

The planning phase for any legal case is the most important task for a lawyer to attend to. With proper planning, the client’s chances of winning increase dramatically. But when an attorney skips a step in the planning process or simply fouls up the planning, there is the possibility that their client could wind up losing the case and losing a counter-suit as well. When attorneys avoid executing a proper plan for a case, they are opening themselves up to a lawsuit against them.

Failing to File Appropriate Documentation on Time

One of the first things an attorney is supposed to do when taking on a case is to identify the necessary paperwork and forms that need to be filed, and then devising a schedule to meet all filing deadlines. When an attorney forgets a document or creates an incorrect deadline schedule, then they are going to hear about it later when they defend their own legal malpractice lawsuit.

Lack of Client Consent

Contrary to popular belief, a client does not give an attorney free reign to do whatever they want without client consent. There are many instances throughout a case where the client makes the call on whether or not a certain course of action should be taken. Attorneys who take action without first discussing all options with their clients face the possibility of being sued for legal malpractice.


Fraud most often occurs when an attorney works for a client for the first time. In the legal world, fraud can come in many forms and the result is always devastating to the client. Thankfully, the client always has legal recourse when fraud has occurred in the form of a legal malpractice lawsuit.

If you feel that you are the victim of legal malpractice, then you need to hire a firm that has a strong reputation for being honest and reliable. It is always best to choose a firm that has a track record of treating clients with respect, and a history of going after negligent lawfirms to get the results that client victims deserve.