7 Early Signs of Malpractice by a Lawyer
Legal malpractice occurs when an attorney’s representation falls below the legal standard expected of them and it results in harm or damages to their client. By being able to recognize the signs of malpractice early on, you may be able to take appropriate action before irreparable damage occurs, potentially protecting your interests and preserving your legal rights.
Here are eight warning signs of malpractice by a lawyer:
- Missed deadlines
- Lack of communication
- Conflicts of interest
- Inadequate case preparation
- Billing irregularities
- Failure to follow client instructions
- Abandoning the case
If you suspect your attorney has committed malpractice, contact Houston legal malpractice attorney Ross Sears at (713) 223-3333 to discuss your situation with qualified professionals who understand the complexities of legal malpractice law.
What is it called when a lawyer does not do their job?
When a lawyer fails to fulfill their professional duties and responsibilities to a client, this conduct is formally termed “legal malpractice” or “attorney malpractice.” Legal malpractice occurs when an attorney’s performance falls below the accepted standard of care that a reasonably competent lawyer would provide under similar circumstances.
To establish a valid legal malpractice claim, clients must generally prove four key elements:
- An attorney-client relationship existed
- The lawyer breached their duty by failing to exercise reasonable skill and care
- This breach was the proximate cause of the client’s damages
- Actual damages resulted from the attorney’s negligence
Legal malpractice is distinct from simple dissatisfaction with case outcomes, as not every unfavorable result constitutes malpractice. The law recognizes that attorneys are not guarantors of success, but they are required to provide competent representation within the bounds of their professional obligations.
What is an example of lawyer malpractice?
There are several different types of legal malpractice, including:
- Missing critical deadlines
- Inadequate legal research
- Conflict of interest violations
- Mishandling client funds
- Failure to communicate
- Inadequate case preparation
- Unauthorized settlements
- Breach of confidentiality
- Abandoning the case
- Substance abuse affects performance
- Taking on cases they are not qualified to handle
- Settling the case too cheaply
- Failure to adequately work up the case
- Not timely designating expert witnesses or disclosing key evidence
For example, if your lawyer missed the statute of limitations deadline to file your personal injury lawsuit, causing you to lose the right to seek compensation entirely, this would constitute clear legal malpractice.
In this case, you’d want to document all communications, gather relevant case materials, and seek a second opinion from another qualified legal professional who can objectively assess whether malpractice occurred.
Continue reading: Can I sue my lawyer for taking too long?
Early signs of legal malpractice
1. Missed deadlines and statutes of limitations
One of the most serious forms of legal malpractice involves missing critical deadlines, particularly statutes of limitations. These time limits vary by case type and jurisdiction, with personal injury claims in Texas typically allowing two years while contract disputes generally allow up to 4 years.
When attorneys fail to file within these deadlines, clients lose their legal rights permanently, regardless of the case’s merit. Courts rarely grant extensions for attorney negligence, making deadline management a fundamental professional responsibility that requires careful calendar systems and client communication.
2. Lack of communication
Poor communication represents a persistent complaint against attorneys and often serves as an early warning sign of deeper problems. Professional standards require lawyers to keep clients reasonably informed about case developments, respond to communications promptly, and explain matters clearly enough for clients to make informed decisions.
When attorneys consistently fail to return calls, ignore emails for weeks, or leave clients uninformed about settlement offers or court dates, this behavior violates basic lawyer ethics obligations and may constitute malpractice if it results in harm to the client’s case.
3. Conflicts of interest
Conflicts of interest violations occur when attorneys have competing loyalties that compromise their ability to represent clients zealously and effectively. These situations arise when lawyers represent opposing parties in the same matter, have personal financial interests in the outcome, or maintain relationships that could influence their professional judgment.
The attorney code of ethics requires lawyers to identify potential conflicts early, obtain proper client consent when conflicts can be waived, or withdraw from representation when conflicts cannot be resolved ethically.
4. Inadequate case preparation
Thorough case preparation forms the foundation of competent legal representation, requiring attorneys to investigate facts, research applicable law, interview witnesses, and develop appropriate legal strategies. When lawyers fail to conduct discovery properly, miss important evidence, or appear unprepared for depositions and hearings, they breach their duty to provide competent representation.
These signs of an incompetent lawyer often become apparent through poor performance in court, failure to anticipate opposing counsel’s arguments, or inability to answer basic questions about the case.
5. Overbilling or unconscionable fees
Billing disputes frequently arise from attorneys charging for work not performed, inflating time entries, or failing to provide detailed invoices that allow clients to verify charges. Clients may sue for overbilling when attorneys engage in fraudulent billing practices, such as double-billing multiple clients for the same time period or charging premium rates for paralegal work. Ethical billing requires accurate time records, reasonable fee arrangements, and transparent communication about costs throughout the representation.
6. Failure to follow client instructions
Attorneys must follow lawful client instructions regarding the objectives of representation while maintaining professional independence in tactical decisions. When lawyers ignore clear client directives about settlement terms, trial strategies, or case priorities, they exceed their authority and may expose clients to unwanted risks or outcomes.
This breach of the attorney-client relationship can constitute malpractice when attorneys make decisions that clients specifically instructed them not to make, and it results in harm to the client..
7. Abandoning the case
Case abandonment occurs when attorneys cease working on client matters without proper notice, fail to complete agreed-upon tasks, or withdraw from representation improperly. Professional rules require attorneys to provide reasonable notice before withdrawal, take steps to protect client interests, and return client files and unused fees promptly.
When attorneys simply disappear or stop responding to clients without following proper withdrawal procedures, clients should learn how to file a complaint against an attorney with the state bar association while seeking new counsel to protect their interests.
Your case deserved better — and so do you. Call Sears Crawford today.
When is it too late to fire your attorney? The answer is almost never, but acting quickly is essential when you suspect professional negligence. Malpractice by a lawyer can cause lasting damage to your legal rights and financial well-being, but experienced legal counsel can help you determine whether you have grounds for a malpractice claim while protecting your underlying case interests.
Don’t allow attorney negligence to compound the challenges you’re already facing. Ross Sears and the skilled legal team at Sears Crawford bring decades of experience specifically handling complex legal malpractice cases, with a proven track record of holding negligent attorneys accountable and securing recoveries for clients who trusted the wrong lawyer.
Take the first step toward justice and call (713) 223-3333 today for a comprehensive consultation about your legal malpractice concerns.
More Helpful Articles by Sears Crawford:
- What to Do if Your Attorney Steals Your Settlement
- When Do You Need a Conflict of Interest Lawyer?
- Four Elements of Legal Malpractice in Texas
- Texas Rules of Professional Conduct for Lawyers
- How Do You Sue a Lawyer for Legal Malpractice?