Legal Malpractice
When Your Lawyer Fails to Perform Satisfactorily
If you find your lawyer is not putting forth his or her best effort on your behalf or if you suspect dishonest behavior, you may wish to part ways. Much like physicians, attorneys must perform their duties sufficiently and honestly. When an attorney deviates from the acceptable standard of care, causing you harm and financial loss, you can bring a legal malpractice claim. The experienced team at Bizzieri Law Offices in Chicago is here to help you seek justice.
Inconsistent or Nonexistent Communication
Lawyers have an ethical responsibility to regularly and clearly communicate with their clients. At a most basic level, this means they need to respond to emails and answer phone calls. In an era of communication at our fingertips, a surprising number of attorneys still struggle with responsive communication. You should never have to suffer through long periods of silence where your lawyer is nonresponsive.
Dishonest Intentions and Incompetent Actions
You depend on your lawyer to behave honestly, but even lawyers sometimes act dishonestly. Examples of intentionally misleading and unethical behaviors include misuse of your money, withholding information and settling your case without first gaining your consent.
Lawyers must be able to competently execute the duties of their job. Attorneys are not immune from error, but when they perform below the standard level of competence, they can be held accountable. Failing to meet deadlines, missing court hearings and not properly representing a client may constitute incompetence.
Beyond the Loss of a Case
Each litigation case ends with a winning and a losing party, and an unsuccessful outcome does not necessarily indicate legal malpractice. If you lost your case because of your lawyer’s negligence or incompetence, however, you may have a valid legal malpractice claim.
Proving legal malpractice often hinges on small details and strategy, as it’s essentially a case within a case. You need an experienced legal malpractice attorney to bring justice against attorneys who take advantage of their position and to seek maximum compensation for your losses. To schedule your free case evaluation, call our Chicago firm at 773-881-9000 or send us an email.
Practice Areas
Employment Law
Legal Malpractice
Some Things You Should Know About Legal Malpractice
Understanding Legal Malpractice
- Legal malpractice occurs when an attorney fails to provide competent representation, causing harm to the client.
- Legal malpractice cases often involve complex legal concepts and require expert testimony.
- The statute of limitations for legal malpractice claims in Illinois is two years from the date of the injury or discovery of the malpractice.
Recognizing Attorney Negligence
- Attorney negligence can take many forms, including missed deadlines, inadequate research, and poor communication.
- Identifying patterns of negligence can help establish a systemic issue and strengthen your case.
- Documentation of the attorney-client relationship, including correspondence and billing records, can help establish a strong foundation for your claim.
Your Rights and Options
- If you’ve suffered harm due to legal malpractice, you may be entitled to compensation.
- You have the right to seek a second opinion or change attorneys if you suspect malpractice.
- You may be eligible for damages, including compensatory and punitive damages, depending on the circumstances.
- You have the right to report attorney misconduct to the Illinois Attorney Registration and Disciplinary Commission (ARDC).
- An experienced legal malpractice attorney can help you navigate the complex process and ensure you receive fair compensation.
Legal Malpractice FAQ: Click on the Frequently Asked Questions Below to See Our Response
What are some common types of legal malpractice?
- Missed deadlines: Failing to file documents or meet deadlines, resulting in lost opportunities or dismissed claims. This can include:
- Missing the statute of limitations for filing a claim
- Failing to file an appeal on time
- Missing deadlines for discovery or motions
- Inadequate research: Failing to conduct thorough research, resulting in missed legal issues or inappropriate strategies. This can include:
- Failing to research relevant case law or statutes
- Failing to investigate key facts or evidence
- Failing to consider alternative legal strategies
- Poor communication: Failing to keep clients informed or respond to inquiries, resulting in misunderstandings or lost opportunities. This can include:
- Failing to return phone calls or emails
- Failing to explain legal concepts or strategies
- Failing to provide regular updates on case progress
How do I know if I have a legal malpractice claim?
- Did the attorney fail to provide competent representation? This can include:
- Failing to meet the standard of care
- Failing to follow legal procedures
- Failing to communicate effectively
- Did the attorney’s actions or inactions cause harm? This can include:
- Financial losses
- Emotional distress
- Lost opportunities
- Did the attorney violate the standard of care? This can include:
- Failing to follow established legal procedures
- Failing to consider relevant legal authorities
- Failing to act with reasonable diligence
Can I file a legal malpractice claim against an attorney who is no longer practicing?
- The statute of limitations still applies: You must file your claim within the applicable time limit, usually two years from the date of the injury or discovery of the malpractice.
- You may need to locate the attorney or their insurance carrier: This can be challenging if the attorney has retired or is no longer practicing.
- The case may be more complex due to the attorney’s inactive status: You may need to rely on expert testimony or other evidence to establish the attorney’s negligence.
How long does a legal malpractice lawsuit typically take?
- Complex cases can take several years: Cases involving multiple parties, complex legal issues, or extensive discovery can take longer to resolve.
- Discovery and expert testimony can prolong the process: Gathering evidence and expert testimony can add time to the lawsuit.
- Settlement negotiations can expedite the process: If both parties are willing to negotiate, a settlement can be reached more quickly.
Can I recover costs and fees associated with correcting the malpractice?
- Attorney’s fees: Fees paid to correct the malpractice or pursue the legal malpractice claim.
- Expert witness fees: Fees paid to experts who testify about the attorney’s negligence.
- Court costs: Costs associated with filing and pursuing the lawsuit.
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