One common misconception most people have is that if their lawyer makes a mistake while handling their case, they have grounds to file a civil action against the lawyer for legal malpractice. The reality is that it is not that simple. While errors by a lawyer while handling a client’s legal matter may in fact give rise to a very strong case for malpractice, not all errors translate into a strong case.
What Kinds of Errors Typically Land an Attorney in Trouble?
The types of errors that oftentimes result in a stronger claim of malpractice against a lawyer are associated with missing crucial deadlines or failing to catch things. Just a few examples are:
- The lawyer fails to file a client’s lawsuit prior to the expiration of the statute of limitations;
- The lawyer fails to file an answer to a complaint naming the client as a defendant, and a default judgment is taken against the client;
- The lawyer fails to respond to requests for admission before the expiration of the response deadline and the court deems the requests admitted which are highly prejudicial to the client’s case;
- The lawyer fails to identify witnesses in accordance with the court’s scheduling order and certain crucial witnesses are barred from testifying at trial;
- The lawyer fails to properly advise a client of the potential risks of declining a settlement offer and taking the case to trial;
- The lawyer fails to carefully review legal documents that the client is signing, and the client signs a document that contains highly unfavorable language that may cost the client to lose a significant amount of money or give up valuable rights that the client would otherwise not have relinquished.
Any one of these mistakes, and many others, can leave an attorney’s client vulnerable to a terrible outcome that could have been avoided had the attorney simply not made the mistake.
If the Attorney Makes a Mistake, Is the Attorney Liable for Damages?
Possibly. If the attorney made a mistake, but that mistake did not actually cause the client to suffer an adverse outcome, then the attorney is probably not liable for damages. Instead, not only must a client prove that the attorney failed to meet the standard of care, that failure must also be the cause of some harm to the client.
For example, if the attorney forgot to file something prior to the deadline, but then the court subsequently grants an additional extension of time to allow the attorney to file the document, there is no harm to the client. The attorney did make a mistake; but it did not result in actual harm to the client.
Many times, the issue of causation is the hardest part of the legal malpractice claim. It may be easy to demonstrate that the attorney made a mistake or an error in judgment. However, it is crucial to then demonstrate how that mistake actually caused an adverse outcome to the client that results in economic harm.
For example, if a lawyer failed to properly advise a client about the risks of trial, was there really any valid settlement offer to be had? Or would the case have gone to trial anyway and resulted in an adverse outcome? Or if the lawyer failed to advise the client regarding an important contractual provision that would result in an enormous shifting of contractual costs, but the client’s business has a sudden downturn and must file bankruptcy unrelated to the contractual costs?
Here When You Need a Legal Malpractice Law Firm
While legal errors are not common, they can have an enormous impact on the client. Whether the error occurs during high-stakes litigation, contract negotiations, divorce proceedings, or other similar legal matters, lawyers ultimately are accountable for those errors when they do cause actual harm to the client. If you have been the victim of legal malpractice, contact our legal malpractice attorneys.
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