Common-Attorney-MistakesWhat constitutes legal malpractice?  How do I know if I have a legal malpractice case?  The following are some examples of common attorney mistakes that could potentially constitute legal malpractice:  attorney Fails to file documents or perform certain activities on time (missed deadline or missed statute of limitations); attorney applies incorrect strategy to the matter; attorney fails to know or apply the law; attorney gives incorrect legal advice; attorney mishandles court appearances.

Some other examples of common attorney mistakes are: breach of fiduciary duty owed to client (duty of loyalty, duty of confidentiality, duty of honesty); conflicts of interest; ethical violations; inadequate discovery of facts and/or negligent investigation of facts; failure to obtain consent from client; failure to follow client instruction; negligent settlement and/or contractual drafting or negotiating; and mismanagement or mishandling of client funds.

Common Attorney Mistakes: attorney fails to file documents or perform certain activities on time (missed deadline or missed statute of limitations); attorney applies incorrect strategy to the matter; attorney fails to know or apply the law; attorney gives incorrect legal advice; attorney mishandles court appearances
The above examples are not exhaustive.  Many of the above examples of common attorney mistakes can and will often overlap and are not necessarily mutually exclusive of one another.  Remember, the above examples of common attorney mistakes and problems do not always constitute legal malpractice and will not necessarily be grounds for the filing of a legal malpractice complaint.  The plaintiff must always be able to plead and prove the three elements of a legal malpractice claim: 1) the existence of an attorney-client relationship; 2) a breach of duty arising from the attorney-client relationship, and 3) damages that proximately resulted from the alleged negligence of the attorney.

If you think that you may be a victim of legal malpractice and would like to discuss your options, please contact our Chicago legal malpractice attorneys.