Avoiding a Future Legal Malpractice Claim

No one wants to hire an attorney who will not adequately and competently represent them.  However, despite good intentions, clients sometimes hire attorneys who are either incompetent, unprofessional, or inexperienced.  Mistakes and errors can happen by even the best of attorneys, but there are some things you can do to help minimize your risk of a future legal malpractice claim when hiring an attorney to represent you.

• Do your research:  In today’s technological age, a little internet research can go a long way.  You can often find information and reviews on lawyers with just a few clicks and a few minutes of your time.  Do this research before you hire an attorney, and it may save you from a big headache in the future.

 

• Hire an attorney licensed in the state where you need representation:  There is a reason that states require attorneys to have licenses – it signifies they practice in that state and understand the laws in that state.  Each state has unique laws and nuances that a lawyer licensed in that state is best equipped to handle.

 

• Find out what area of law the attorney specializes in:  Common sense would tell us that an attorney who specializes in personal injury law is the best kind of attorney to handle your injury from an automobile accident.  Sometimes, however, attorneys will take cases outside of their area of expertise.  Just because an attorney is willing to take your case does not mean he should.  Economic pressures in a sagging economy may cause an attorney to accept a case in an area of law he is not familiar with.

 

• Family and Friends are not always your best source for representation:  There are obviously benefits to hiring a family or friend to represent you – you may feel comfortable working with them, and they may perform services free or at a reduced rate.  These benefits will be negated though if your family or friend is not familiar with the type of claim for which you need representation.

 

• Ask if the attorney has legal malpractice insurance:  Mistakes and errors happen, even to the best of attorneys.  Make sure that if a mistake does happen, that the attorney will be able to compensate you for your damages.  Attorneys are not required to carry malpractice insurance, so do not assume that you will be taken care of in the unfortunate event of a mistake happening.  You do not want to be left holding the bag.

Being proactive when choosing your attorney may save you a lot of time, money, and headaches in the future.