Lawyers tend to have far more education than most people, so clients trust them to know the law. Occasionally, those hiring attorneys have unrealistic expectations. They may assume that an attorney who previously helped them with a tax issue or insurance claim can handle a complex family law issue or criminal charge.
Many times, lawyers want to take on as many clients as possible. They may also want to keep working with someone who has relied on their services before. Doing so is not always the best option for the client involved. Attorneys sometimes refer current or new clients out to other lawyers. A failure to do so can sometimes constitute legal malpractice and might lead to a lawsuit against a lawyer who took on a case that they could not properly handle.
Lawyers specialize in different areas of the law
The amount of information a lawyer has to know to provide adequate representation is quite extensive. They need to understand federal and state statutes that may apply to a certain area of practice. They also need to learn about prior court rulings that could influence the outcome of a client’s case.
A lawyer who specializes in civil litigation may only have a cursory knowledge of family law matters. They may make the decision to refer a returning client or new client to a different attorney who specializes in a particular area of law.
Some attorneys decide to do their best to branch out into new areas of practice, which isn’t necessarily malpractice. However, they do accept a degree of risk when they agree to represent someone in a case that is outside of their usual area of expertise.
What constitutes legal malpractice?
Representing a client in an area where a lawyer has little knowledge can constitute malpractice in two different ways. One is through professional negligence. If they failed to do what someone with appropriate knowledge of a certain area of law would do in the same situation, then their client may have reason to allege that their professional negligence constituted malpractice.
If they chose to move forward assisting a client despite their lack of experience and specialized knowledge, that could also constitute a breach of their fiduciary duty. They put the desire for income ahead of their need to act in the best interests of their clients.
Establishing that other lawyers with appropriate knowledge of a specialized area of law might have handled a case differently is a crucial element of a successful legal malpractice claim related to a lack of expertise. Clients who do not receive adequate guidance and representation – and who suffer harm as a result – may have reason to take legal action against the lawyer who did not properly manage their legal issues.
