People who hire lawyers need advice, advocacy or assistance with a legal matter. People hire attorneys to deal with personal injury allegations, criminal charges, contract disputes and divorce. They rely on attorneys to help them when they establish estate plans and when administering the estate of a loved one. Those starting businesses, purchasing real property or filing for bankruptcy also often required the assistance of an attorney.
Generally speaking, people expect licensed attorneys to be competent. They also expect them to adhere to a certain ethical standard. Lawyers should respect the privacy of their clients by keeping information confidential. They also have a duty to act in the best interests of their clients.
What happens when an attorney puts their own desires before their client’s needs?
Breaching fiduciary duty could be malpractice
The attorney-client relationship creates a fiduciary duty for the lawyer. A fiduciary duty is the highest legal standard of obligation for one party to another under the law. A lawyer generally has an obligation to act in the client’s best interests.
They should think carefully before providing advice or legal guidance. They should disclose any conflicts of interest. They should never put personal enrichment ahead of what is best for a client. If lawyers breach their fiduciary duty, the clients affected by their conduct may have grounds for a legal malpractice lawsuit.
Legal malpractice entails violating professional standards or displaying overt negligence in a way that causes harm to a client. Giving a client biased investment or business advice due to personal interests in a different company could constitute a breach of fiduciary duty, for example. Engaging in inappropriate billing practices or actively undermining the legal case of a client could also lead to allegations of malpractice.
In scenarios where clients experience poor outcomes while lawyers derive secondary benefits, there may be reason to assert that the lawyer breached their fiduciary duty. Clients who take legal action can seek compensation for the harm caused by poor legal representation. They can also draw attention to a lawyer’s misconduct and might potentially inspire them to change their practices.
Reviewing a situation that may have constituted legal malpractice with another attorney can help frustrated clients determine if they are in an actionable position. Those who fight back against legal malpractice successfully can offset the harm they experienced.
