If you suspect that your attorney has committed legal malpractice, it’s essential to take prompt action to protect your rights. However, many clients make critical mistakes that can harm their case or even bar them from seeking justice. Here are the top 5 mistakes clients make when they’ve been the victim of legal malpractice:
Mistake #1: Delaying Action
Delaying action is a critical mistake that can harm your legal malpractice case. Legal malpractice cases often have strict statutes of limitations, which vary by state. In Illinois, for example, the statute of limitations for legal malpractice is two years from the date of the suspected malpractice or five years from the date of the underlying case. Failing to act promptly can bar you from seeking damages.
When you suspect legal malpractice, it’s essential to consult with an experienced legal malpractice attorney as soon as possible. They can evaluate your case, identify potential claims, and guide you through the process. Don’t wait – the sooner you act, the better.
Mistake #2: Not Documenting Everything
Keeping detailed records of your interactions with your attorney is crucial in a legal malpractice case. This documentation can serve as valuable evidence to support your claim. Make sure to keep a paper trail and organize your documents chronologically.
Include:
- Emails and letters exchanged with your attorney
- Phone call records and meeting notes
- Copies of legal documents and pleadings
- Billing records and invoices
Having a thorough and organized record of your interactions can help establish the attorney’s breach of duty and support your claim.
Mistake #3: Not Seeking Independent Counsel
It’s essential to seek independent counsel from an attorney experienced in legal malpractice cases. Don’t rely on your original attorney or their firm to investigate or correct their own mistakes. Independent counsel can provide an objective assessment of your case and guide you through the process.
Independent counsel can:
- Evaluate your case without bias
- Identify potential claims and strategies
- Negotiate with the original attorney or their firm
- Represent you in court if necessary
Don’t rely on your original attorney to fix their own mistakes – seek independent counsel to protect your rights.
Mistake #4: Not Understanding the Attorney-Client Relationship
Many clients misunderstand the attorney-client relationship and the duties owed to them. Understanding the scope of representation, confidentiality, and the standard of care is crucial in identifying potential legal malpractice.
Key aspects of the attorney-client relationship include:
- Scope of representation: What services was the attorney hired to perform?
- Confidentiality: What information is protected by attorney-client privilege?
- Standard of care: What level of competence and diligence is required?
Understanding these aspects can help you identify potential breaches of duty and support your legal malpractice claim.
Mistake #5: Settling Without Consulting an Expert
Finally, clients often settle their cases without consulting an expert in legal malpractice. This can result in undervaluing their claim or failing to address the full extent of the malpractice.
An expert in legal malpractice can:
- Evaluate your case and identify potential claims
- Assess the value of your claim
- Negotiate with the original attorney or their firm
- Represent you in court if necessary
Don’t settle without consulting an expert who can ensure you receive fair compensation for your legal malpractice claim.
By avoiding these common mistakes, clients can protect their rights and seek justice when they’ve been the victim of legal malpractice. If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight hard for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.