shortage of cases. The more cases a firm takes on, the more profitable the firm becomes. This is all well and good, but it should never be at the expense of good service to a client. An overworked lawyer might make errors in law because they are so rushed. They might even miss crucial deadlines that grind your case to a halt. In what ways can legal malpractice compromise a client’s case? Legal malpractice can compromise a client’s case in many ways, including: • Losing a case that could have been won • Losing the chance to file a case because the statute of limitations has passed • Receiving a smaller settlement than what was deserved • Having to pay more legal fees than necessary • Having to go through a more drawn out and expensive legal process How can an affected client go about proving that damages and wrongs were suffered as a result of their legal counsel’s malpractice? In order to prove legal malpractice, a client must show that: • The lawyer had a duty to the client • The lawyer breached that duty • The client was harmed as a result of the breach • The harm was caused by the lawyer’s negligence MY LEGAL LIFE 39 Keep in mind that the client was not harmed by the lawyer’s conduct if the same harm would have occurred to the client anyway, without the lawyer’s conduct. A client has to show that they would have obtained a better result if their lawyer had acted as a reasonably careful attorney. How does the concept of ‘collectability’ work? ‘Collectability’ refers to the ability to have obtained a ‘collectable’ judgment in the underlying matter. Unless you can show you would have been able to collect on your claim in the underlying case, you will not have a viable malpractice claim. Here is an example: imagine the underlying claim is a rear-end car crash in which the injured driver was paralysed for life. Then, the lawyer representing the paralysed driver failed to timely file the personal injury claim. What is the value of the legal malpractice case? Answer: it depends on the insurance and assets the at fault driver had. For example, if the at-fault driver only had the minimum insurance limits ($15,000 per person) and no assets, the value of the case – even with a severe injury – is only $15,000. Thus, it is extremely important to analyse the collectability issue along with all other significant issues in a legal malpractice case. What would your first piece of advice be for an individual or organisation that feels they have been the victim of legal malpractice? If you believe you have been the victim of legal malpractice, your first step should be to consult with another lawyer who can help you assess your case and
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