When a lawyer makes a mistake due to negligence they are liable to their client for that error. Unintentional errors are the most common form of legal malpractice. To prove legal malpractice all a client needs to show is that the error could have been avoided by a competent attorney who exercised a reasonable standard of care. Examples of such malpractice are lawyers who give wrong advice, make mistakes in documents they prepare or review, or fail to timely file documents or pleadings.
Furthermore, a lawyer has a duty, to act honestly and fairly with a client with a high degree of integrity. All interaction that a lawyer has with a client must be fair and honest, and a lawyer cannot exercise undue influence with a client to get them to do something that is not in their best interest. For example an attorney cannot prepare a will for a client that names him or a family member as a beneficiary. If an attorney fails to abide by these rules he may be guilty of legal malpractice.
A lawyer also is responsible for keeping a fair and accurate account of all money received by a client, or for a client. He also may not charge an excessive fee for his services. If an attorney violates these duties he may be liable to his client.
If you believe you are a victim of legal malpractice please consult the Gundy Law Firm for a free consultation.