Lawyers practice a fine art. They are tasked with maintaining stability, delivering justice, and correcting the wrongs of the society. These men and women either protect or prosecute an individual. This could be as small as divorce to big landmark cases like the prosecution of a certain Judge for drug trafficking. But what happens when lawyers commit a mistake?
Legal malpractice in lawyers is uncommon. It could be basically described as a lawyer that is not competent enough to represent a person or organization in court thus resulting in the loss of the case.
This type of malpractice could either be intentional or accidental. An example of an intentional malpractice is the violation of the client and lawyer confidentiality agreement. Since sensitive information is passed between both parties, this arrangement is highly observed. Violation of this pact could result in the lawyer losing his license or imprisonment.
Legal malpractice can only be explained when the acting lawyer did not fully prepare for the case, did not act diligently and acted without competence thus resulting to the loss of something tangible. Usually this amounts to cash and property.
Since not everybody can afford a lawyer, if a lawsuit is filled against a certain individual, that person can opt for a court appointed lawyer for defense. The appointed lawyer for the defendant could be well versed in the language of the court room or a fresh graduate from the local college of law. If legal malpractice is observed by the defendant, he or she may file a lawsuit against his/her lawyer. This should be made within the allotted time frame or "statute of limitations" established by state law.
It is very difficult to prove legal malpractice. Because as long as the lawyer did his best and prepared the case as best as he could, even if he miscalculated and lost the case, it simply means he made a mistake. It is not grounds accusing the lawyer of legal malpractice.