Attorneys are held to a high standard of professionalism. They are required to act ethically and conduct themselves with the client’s best interest in mind. Attorneys sometimes simply make mistakes that do not form the basis for a legal malpractice claim. However, in other instances, attorneys commit errors that result in financial losses to a client. In such cases, attorneys may be liable for legal malpractice. As a self-governing profession, the practice of law mandates, in GLG’s view, that attorneys be held strictly accountable for their actions, so as to ensure that similar mistakes are not made in the future.
Legal malpractice claims generally fall into the categories of claims arising out of simple negligence or lack of diligence and claims arising out of unethical or self-serving conduct, including the following:
Conflicts of interest: Conflict of interest malpractice claims arise when attorneys permit outside interests to supersede the best interests of the client. Conflict of interest cases are arguably the most serious types of legal malpractice claims because of the profound violation of the duties owed to clients and the negative impact the claims have on the legal profession and the administration of justice.
Statute of limitations: A statute of limitations is the deadline by which a claimant must file a lawsuit. When a claimant fails to meet the statute of limitations, then he or she is typically barred from bringing a claim. If that deadline was missed because of an attorney error, then that attorney may be liable for legal malpractice.
Failures to properly conduct litigation: These claims occur when attorneys fail to properly investigate and pursue cases and that failure has a devastating impact on the case.
Unauthorized settlements: This occurs when lawyers settle a case without the client’s consent and authorization or when they fail to inform a client of a settlement offer.
GLG’s attorneys have handled numerous legal malpractice cases. Often they are settled fairly quickly and discretely, especially in cases where the legal malpractice is self-evident – for example, a Court’s written opinion might actually explain the malpractice as the reasoning behind the Court’s decision that negatively impacts the claimant.
Not only has Mr. Grenier handled many legal malpractice cases, but he has also testified as a legal expert in disciplinary proceedings brought against an attorney who failed to adhere to the standard of care in a substantial personal injury matter.
If you believe that you have a claim for legal malpractice, GLG’s lawyers will be happy to discuss your particular rights and remedies during a free initial consultation.