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What are Legal malpractices?

By Charles Hopkins Published 01/22/2009 | Legal
It is very important for common public to have basic knowledge about legal malpractices and how to identify legal malpractices. This article deals with some fundamental ideas regarding legal malpractice.

In life, we used to come across many kinds of malpractices. The word itself means some practices carried out against the rule of land. Legal malpractices can also be defined in similar terms as the legal activities carried out against the legal procedures and legal ethics. If the lawyer is incompetent, he will render less quality service to the client. This will lead to legal malpractice.  When a lawyer takes up a case, he is assuring the client that he will render competent service to him. If he fails in this either due to negligence or incompetence, this will turn to be a good example of legal malpractice. The word legal competence involves the skill, discretion, care and the meticulous way in which he renders the legal services to the client.

Legal malpractice cannot be defined as a word standing for any mistake done by the lawyer. If the mistake is inadvertent and unexpected from the side of the lawyer, it can be exempted from the legal malpractice. The mistake committed due to the negligence by not using the skill or knowledge in a proper way can come in the regions of legal malpractices. If the client is not receiving the standard care in legal issues from the lawyer, it can be a case of legal malpractice.

If the client is subjected to intangible losses due to the mistake of a lawyer, the term legal malpractice can be raised without much doubt. The losses can be financial loss, personal sufferings and wrong conviction. Dismissal of a valid legal suit due to the incompetence of an attorney is a good example of legal malpractice. Legal malpractices or simply the simple mistakes from the side of the attorney can lead to losing a suit that would have won very easily and sometimes can lead to lose of right to file a review petition. In each of these cases, the failure in the court of justice is purely because of the mistakes by the lawyer. The lawyer and his incompetence are responsible for the loss of suits and hence answerable for legal malpractices. 

To avoid legal malpractices, client has to select very carefully the lawyer to file the suit. He has to evaluate the lawyers credibility and ability before giving the responsibility of filing the suit. You can do a thorough evaluation of his competence in arguing out the cases. You can get the help of some people who are known to the legal profession in finalising the attorney. If your selection is good, you can be assured of litigation free of legal malpractice.