Steven Glickman What is defined as legal malpractice? As the name implies, legal malpractice is a type of professional negligence committed by a lawyer. It occurs when a lawyer fails to provide competent and diligent representation to a client, resulting in harm to the client. To prosecute a successful legal malpractice claim against their lawyer, a client must show not only that the lawyer was negligent, but also that they would have obtained a better result if their lawyer had acted as a reasonably careful attorney. What forms can legal malpractice take? Legal malpractice can take many forms, including: • Failure to file a lawsuit within the statute of limitations • Failure to investigate a case thoroughly or to uncover crucial evidence • Failure to advise a client of their legal rights • Failure to communicate with a client • Failure to represent a client zealously • Failure to prepare thoroughly My Legal Life The Dangers of Legal Malpractice Though most lawyers strive for excellence in their work, there is always a chance that an aspect of a case may be mismanaged, often to the client’s detriment. This is where claims of legal malpractice arise. In this article, Steven Glickman offers his insights on what constitutes legal malpractice and the many ways in which it may arise during a case. MY LEGAL LIFE 37 • Failure to appear in court • Missed deadlines • Conflict of interest with the client • Lacking the necessary knowledge or expertise to handle a case effectively • Misleading a client to induce them to accept an unfavourable settlement • Engaging in dishonesty, breaching client confidentiality, or other unethical behaviors From what you have observed in a professional capacity, what are the most common forms of such malpractice that you typi cally encounter? In my professional capacity as a lawyer, I have seen the following forms of legal malpractice most commonly: • Failure to file a lawsuit within the statute of limitations • Failure to investigate a case thoroughly before filing suit • Failure to advise a client of their legal rights or to communicate with a client • Failure to appear in court • Failure to respond appropriately to an opponent’s legal filings • Missed deadlines
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