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Legal Malpractice: Failure to Know and Apply the Law

On Behalf of | Mar 23, 2016 | Articles, Legal Malpractice


Within any legal case, an attorney is expected to act according to a specific standard of care when protecting his or her clients’ best interests. If your attorney fails to act as competently within his or her field of law, then that individual may be found guilty of “legal malpractice”.

These types of cases are not as common but they do happen. It does not matter how sharp their suits are or how nice this person was when you did speak to them on the phone they can still be guilty of this civil crime. If they disrespected your case, they have disrespected you. It may be that you had a valid case against a business or an organization, another driver, or a hospital and this lawyer dropped the ball. Now you have two cases on your mind, not just one.

Knowing When someone is Guilty

As a type of professional malpractice, proving legal malpractice can be a difficult and complicated task, however there are many factors that could contribute to a lawyer being found guilty of such behavior.

One of the many factors that lead to legal malpractice cases is when the attorney in question fails to know and apply the law in their given area.

As you may imagine, there are numerous lawyers out there who choose to practice many areas of law. This makes it difficult to maintain comprehensive knowledge about one area in particular – an issue which can potentially lead to errors that cost their clients greatly. Even if your attorney made an honest mistake in representing your case, she or he may be responsible for any damages that you have suffered as a result of that negligence.

Handling a Legal Malpractice Case Involving “Failure to Know and Apply”

Regardless of the area of law in your particular case, if a lawyer agrees to represent you in court, you should be able to safely assume that the lawyer has extensive knowledge to do so. That means that if a lawyer fails to know and apply the law in your case, and that causes you some form of damage, it could be appropriate for you to take out a legal malpractice claim.

In some circumstances, the ethical issues that surround a certain area of law can also present problems to legal professionals. If an attorney is unsure about how to handle a situation and apply the law appropriately when presented with a case, it can damage their client’s case results. Lawyers should have access to resources in helping them find the right path in these circumstances, but if they fail to do the appropriate research, they may be held accountable for their professional and ethical errors.

Using an Expert to Address the Issue

Because issues of legal malpractice can take place in many areas of law, it is important to consult with an attorney that has an in-depth understanding of legal malpractice when you choosing to take your prior lawyer to court. After all, in any legal situation, accessing an expert that can help to analyze your case and pinpoint the evidence required to present your legal malpractice case in front of a court or a mediator is essential.

Although it can be difficult to trust a lawyer to solve a problem for you after one has previously caused problems for you, it is the only way to succeed in a legal malpractice case. To learn more about legal malpractice and the options available for pursuing justice, please contact Makarem & Associates today at(310) 312-0299 or email [email protected].  Ron Makarem is a Certified Legal Malpractice Specialist by the California State Bar.  Your first consultation with us is free of charge.