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Legal Malpractice: Did Your Lawyer Know Enough to Handle Your Lawsuit?
Legal malpractice: did your lawyer know enough to handle your lawsuit?
DALLAS, TX, December 07, 2011 /Texas PR News/ -- The very first rule in the Texas Disciplinary Rules of Professional Conduct states that "A lawyer shall not accept or continue employment in a legal matter which the lawyer knows or should know is beyond the lawyer's competence (Rule 1.01(a), Competent and Diligent Representation).
An attorney may only accept a case that is beyond his or her competence when:
Another lawyer who is competent in the legal matter is associated with the matter (implying that the attorney without knowledge will work with, and bring questions to, the competent attorney); or
It is an emergency situation and the lawyer limits his or her advice to that advice which is necessary under the circumstances.
If a lawyer takes on a case beyond his or her competence and the case does not fall into one of the exceptions above, he or she may be liable for legal malpractice.
How Do You Know If Your Case Was "Beyond Your Lawyer's Competence?"
Determining whether your lawyer had enough knowledge to successfully handle your case is a difficult task that often requires the help of another lawyer -- a legal malpractice attorney.
An attorney experienced in legal malpractice can help you evaluate all of the factors that define competent legal service. For example, competence means possessing the "legal knowledge, skill, and training reasonably necessary for the representation." To represent a client competently, the lawyer must be able to apply the legal knowledge, skill and training, using reasonable thoroughness and attentiveness throughout the representation.
Other factors used to determine whether a lawyer was competent to handle a legal case include:
The complexity of the legal matter -- did it require specialized legal knowledge?
The lawyer's experience in the legal field
The amount of preparation and research that the lawyer was able to devote to the legal case
Whether the lawyer could have referred the case to another attorney or associated with a lawyer competent in that field
In many legal areas, an attorney may not need to have specialized training or even experience in the particular field. However, there are some matters that lawyers should not accept without the specialized knowledge to handle a case in that field or without advice from another practitioner. In those cases, a lawyer has a duty to decline or withdraw from the case.
Maintaining Competence: Diligent Representation
Competent representation goes beyond knowledge. Attorneys must also be able to "act with competence, commitment and dedication to the interest of the client and with zeal in advocacy upon the client's behalf." They must control their workload so that they are able to provide reasonable attention to their clients and their cases.
What does this mean for you? How do you know if your lawyer has provided diligent representation? Failure to return a few phone calls is not going to be enough to hold your attorney responsible for legal malpractice. Failure to show up at an important hearing, however, may be. Again, a legal malpractice attorney can discuss your case with you and determine whether your attorney devoted enough attention to your case.
For more, check out the original article and the lawyers who wrote it: http://www.schachterharris.com/Articles/Legal-Malpractice-Did-Your-La ... suit.shtml.
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