The 5 Most Common Ways in Which Legal Malpractice Hurts Clients in Tennessee

When a person retains a lawyer, he is taking that action to protect his rights, whether in a civil or criminal legal action.  When the attorney in whom you have placed your trust fails you because of preventable error, then it is necessary to hold that legal professional accountable for the harm caused.  There are some common mistakes that may have been made, which can be identified by asking the following questions:

1. Did the lawyer file the action before the Statute of Limitations ran?

This is one of the most common mistakes an attorney can make.  Statutes of limitations are clocks that begin to run on the date that the injury accrued, whether that is the day of a car accident or a breach of contract.  In civil actions, there are strict time limits in which to file a lawsuit.  In Tennessee, this varies, but some of the relevant statutes of limitations are one year in which to file a personal injury case, one year for a legal malpractice action, three years for an action to recover for property damage, and six years to recover on a theory of breach of contract.  If the attorney does not file the lawsuit before the deadline, then the right to bring a legal action is lost forever.

2. Did the lawyer that I hired know and apply the right law?

Attorneys sometimes believe that they know everything, but the law is vast and there are reasons why lawyers focus on specialties.  If your attorney identified the wrong cause of action or misapplied the applicable law, then you could have lost your case in error.

3. Did your lawyer listen to what you had to say and react appropriately?

If your attorney ignored your priorities and goals and went ahead and pursued a different legal strategy that you did not support then the results may not be what you wanted, regardless of whether there was a settlement or a successful jury verdict.  Lawyers have an obligation to pursue the case in accordance with client wishes if it is legally possible to do so.

4. Was there a conflict of interest?

Attorneys represent many different clients and have an obligation to be sure that they do not harm one client to protect the interests of another.  An attorney may violate this obligation directly by representing a client whose position is directly adverse to another client in the specific case, which is an ethics violation, but also may take a case where the outcome could indirectly hurt another client, leading to the attorney taking action to mitigate that harm by sacrificing the interests of a different client.  For example, an attorney could take your case challenging a proposed zoning change that would allow commercial use in a particular area when the lawyer has another client who plans to build a large mixed-use development in that area if the zoning change is approved.  The lawyer has a conflict that may prevent him from zealously advocating on your behalf.

5. Did your lawyer settle your case without your consent?

Although an attorney may advise you about the potential consequences of settling versus not settling your case, he cannot take actions of which you did not approve.  If your attorney settled your case or rejected a settlement without consulting you, then you may have a cause of action against him.

Hiring an attorney is a very big decision.  If you retained a lawyer who made a mistake that harmed you in any way, it may be possible to bring a legal malpractice action against him/her.  The Tennessee legal malpractice attorneys of Bailey & Greer know how to hold these lawyers responsible for the severe harm that they cause.  To discuss your situation during a free and confidential consultation, please call us at 901-680-9777.  At Bailey & Greer, we are small enough to care, big enough to fight, and experienced enough to win.