For a lawyer, mistakes can be costly, as certain errors can expose them to liability for legal malpractice. Some of the top reasons attorneys may face malpractice claims in Wisconsin include missing case deadlines, representing clients with an undisclosed conflict of interest, inadequately communicating with a client, making avoidable errors in legal strategy, and breaching fiduciary duties to clients.
Failure to Meet Deadlines
One of the most frequent reasons for malpractice claims occurs when an attorney misses critical deadlines in the client’s case, such as a statute of limitations or an appeal deadline. Failing to meet deadlines in a client’s case may cause the client to lose critical rights or legal options, potentially leading to significant financial and legal harm.
Conflicts of Interest
Professional rules governing attorneys require lawyers to avoid engaging in legal representation that can create a conflict of interest or the appearance of a conflict of interest. When a lawyer may have a conflict of interest in representing a client, ethics rules require attorneys to disclose that conflict to the client, explain the risks of continued representation with the conflict of interest, and advise the client to seek independent counsel before a client can validly waive a conflict of interests. However, the law prohibits clients from waiving conflicts of interest in specific cases, such as divorcing spouses agreeing to share legal counsel as they negotiate a divorce settlement.
Inadequate Communication
Poor communication between an attorney and client can lead to significant client dissatisfaction, as the client may feel “in the dark” about their case or assume their attorney has stopped working on their case. However, inadequate communication can also lead to malpractice in some circumstances, such as when lawyers fail to adequately advise clients of their legal rights and options or the potential risks of a strategy. For example, a criminal defense attorney may commit malpractice if they inadequately advise a client as they evaluate a plea offer.
Errors in Legal Strategy
Avoidable errors in legal strategy can also lead to malpractice claims. Although not every adverse outcome to a lawyer’s strategy will give rise to liability for legal malpractice, when other lawyers of similar training and experience would not have chosen the same strategy for the client, the attorney may have breached their duty of care to their client.
Breach of Fiduciary Duty
Lawyers owe their clients fiduciary duties, including the duty of good faith, fair dealing, and loyalty. Breaches of fiduciary duties can occur when a lawyer fails to act prudently when representing a client’s interests, including by adequately investigating and researching a client’s case. A lawyer can also breach fiduciary duties to a client by mishandling the client’s property or confidential information, including by mishandling or commingling client trust funds.
Contact WILMIC Today
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