Memphis Legal Malpractice Attorneys Discuss Incompetence

By Thomas Greer | December 12, 2014

The Merriam Webster Dictionary defines incompetence as a lack of the ability to do something well. When you think of your attorney, incompetence is not a word that should cross your mind. After all, attorneys are entrusted with matters that are of the utmost importance to their clients. Whether a client is divorcing their spouse, negotiating a business deal, or trying to avoid being convicted for a crime, they trust that their attorney not only knows and understands the laws that apply to their case, but also that their attorney will pursue a course of action that is designed to protect their best interests.

Fortunately, most attorneys are highly competent individuals who serve their clients well. Unfortunately, there are a few people who somehow manage to attain the position of licensed attorney while being unable to serve their clients well. Incompetence is not a factor in all legal malpractice cases. Your attorney may have failed you by not communicating with you at times when they should have. They may have filed a document late and that late filing may have negatively impacted your case. Perhaps the attorney misappropriated funds in your client trust account, and you were unable to collect some or all of a settlement that you were entitled to receive. All of these actions are mistakes or misdeeds that could constitute malpractice, but they do not require that the attorney be generally unable to perform his or her duties because of an overall inability to do so.

The Kansas Supreme Court recently disbarred an attorney for what it calls “inexplicable incompetence.” This case provides an example, albeit an extreme one, of what attorney incompetence looks like. For starters, this particular attorney bungled the defense in his client’s murder trial by describing the client as “a professional drug dealer” and a “shooter of people.” Unfortunately, this was just the tip of the iceberg. The attorney had never tried a capital murder case before, and he was unfamiliar with the American Bar Association guidelines for doing so. A lack of knowledge does not, on its own, constitute incompetence, but a failure to seek the appropriate knowledge, especially where a client’s life is at stake, most certainly does. The attorney also failed to present evidence which could have exonerated his client, and he attempted to use reverse psychology in his closing argument to the jury. The attorney’s client was convicted and sentenced to death. Fortunately, the court ordered a retrial and overturned the conviction on the grounds that the attorney had failed to represent his client properly.

When the Kansas Supreme Court brought a disciplinary proceeding against the attorney for the purpose of disbarring him, he chose to represent himself. He showed up at his disciplinary hearing dressed as Thomas Jefferson, complete with long white stockings and a powdered wig. The attorney’s arguments during the hearing were unconvincing, and the Kansas Supreme Court unanimously agreed to disbar him.

Most instances of legal malpractice are much more subtle than the extreme incompetence described above. If something about the way that your attorney handled or is handling your case does not seem right to you, ask a legal malpractice attorney for his or her opinion on the matter. The Memphis Legal Malpractice Attorneys at Bailey & Greer, PLLC are here to help you, so please call 901-680-9777 to speak with us about your case.

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