What Qualifies as Lawyer Malpractice and How Can I Prevent it in Tennessee?

By Thomas Greer | September 10, 2013

Depending upon the facts and circumstances of one’s case, an individual who feels that they have been aggrieved by their attorney may or may not end up having a case that gives rise to malpractice.  Notwithstanding, our team of experienced legal professionals will comprehensively review your case and help you decide whether pursuing a legal malpractice claim is right for you.  In the meantime, our attorneys have put together the following list of the most common warning signs of legal malpractice, which are as follows:

  • Your lawyer is failing to give the attention to your case that it deserves.  If your lawyer ignores you, or highly unresponsive to your attempts for communication, your lawyer may have committed malpractice.  As such, it is important to find out whether your lawyer is meeting all court and statutorily-mandated guidelines in your case.  Inaction on a legal matter can result in the court throwing out your case and as such, you could, under certain circumstances, be left without the chance to refile.  Email, write, or fax a letter to your lawyer.  Let him or her know you are concerned as soon as possible.  Don’t wait until your attorney’s inaction or inattention leads to significant and possibly irreversible legal consequences.
  • Your lawyer settles your case/acts without your permission. A lawyer must have his or her client’s approval to accept a settlement offer or to take any other measures on their behalf.  In fact, a lawyer is under an ethical obligation to communicate all offers to settle to his or her client as well as to keep them informed during the pendency of their case.  To succeed in a malpractice claim of this type, you must prove the unauthorized settlement was less than the real value of the case.  Like most legal malpractice claims, this is challenging to prove.  However, with the assistance of a qualified legal malpractice lawyer, it can be done.   To prevent this from happening, it is highly recommended that you speak with your attorney beforehand to discuss how he or she has handled legal cases and also, to check their bar association records (in the state’s where he or she is licensed) to be sure that they are in good standing.  This is highly important and could prevent serious mistakes in your case.
  • My attorney misused funds.  Unfortunately, attorneys sometimes get into a financial bind, which oftentimes through inadvertence, could result in legal malpractice.  Like any business, they could be having cash flow or overhead problems, making them less attentive to how funds are managed and spent.  Specifically, attorneys in Tennessee are required to place retainer fees into a trust account.  As work is completed, the attorney may pay money from the trust account to himself or herself, however is prohibited from withdrawing money that has not already been spent.  As such, keep in mind that there is the danger the attorney will not complete the work before items like payroll and rent come due.  In this situation, the attorney may be tempted to take money from the trust account to cover expenses and replenish the account when he or she gets some cash flow.  Although an attorney may have had every intent to replenish the money, this is an ethical violation; and it is malpractice.

Without a doubt, it is difficult to prevail in a legal malpractice lawsuit however, with the right representation, it is certain possible.  The attorneys at the law firm of Bailey and Greer, PLLC have all the qualities necessary to aggressively represent you in a Tennessee legal malpractice suit.  We are honest, knowledgeable, and strong courtroom litigators who fight hard for our clients’ rights.  While no attorney can ever guarantee results, we can state with confidence that you and your case will be given the attention, respect and dedication to detail it rightfully deserves – ultimately maximizing your chances of obtaining the results you seek.  Call us toll free today at 901-680-9777 to schedule your free initial case evaluation.  We look forward to hearing from you!

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