What Is It Called When A Lawyer Doesn’t Do His Job?
Discover what it’s called when a lawyer doesn’t fulfill their duties and understand legal malpractice using real-world laws from Utah to guide you.
What Is It Called When A Lawyer Doesn’t Do His Job?
When you enlist the services of an attorney, you put a great deal of trust in their hands. However, what happens when your lawyer does not deliver on their professional promise? Understanding the legal implications and terms related to a lawyer’s failure to perform their duties is crucial. This article delves into what it’s called when a lawyer doesn’t do his job, using actual laws from Utah to provide you with real-world context and necessary insights.
Understanding Legal Malpractice
The term for when a lawyer fails to perform their job adequately is “legal malpractice.” Legal malpractice occurs when an attorney breaches their duty to provide competent and professional services to their client. This breach can result in harm or damage to the client, who can then seek legal remedies.
Key Elements of Legal Malpractice
- Duty: The lawyer owes a duty to the client to act competently and ethically.
- Breach of Duty: The lawyer fails to fulfill their duty to the client.
- Causation: The breach of duty causes harm or damage to the client.
- Damages: The client suffers losses or harm as a result of the breach.
Real-World Application: Utah Law
In Utah, legal malpractice is governed by principles outlined under the Utah Code. One relevant statute is Utah Code Ann. § 78B-3–401. To succeed in a legal malpractice case in Utah, a client must demonstrate the key elements mentioned above.
Example Scenario: Suppose you hired a lawyer in Salt Lake City to represent you in a personal injury case. However, your lawyer missed essential filing deadlines, resulting in the dismissal of your case. This neglect could clearly fall under legal malpractice, and you might be entitled to compensation for the lost opportunity to pursue your claim.
You can review the full text of the Utah Code Ann. § 78B-3–401 for more details here.
Protecting Your Rights as a Client
Understanding your rights and the responsibilities of your attorney can help you navigate potential issues. Here are some steps to take if you suspect your lawyer isn’t doing their job:
Keep Detailed Records
Maintain comprehensive records of all communications with your lawyer. Emails, notes from phone calls, billing statements, and copies of all documents submitted to the court should be organized and easily accessible. This can provide crucial evidence if you decide to pursue a legal malpractice claim.
Communicate Concerns
If you feel your lawyer is underperforming, consider addressing your concerns directly. Often, issues can be resolved through clear communication. If your lawyer fails to address your concerns adequately, you might need to take further action.
Seek a Second Opinion
Consult another legal professional to evaluate your situation. They can offer an unbiased perspective and advise you on whether you have grounds for a legal malpractice claim.
File a Complaint
In Utah, you can file a complaint with the Utah State Bar. The Bar investigates allegations of attorney misconduct and can impose disciplinary actions if necessary.
Common Misconceptions About Legal Malpractice
Misconception: Losing a case means legal malpractice occurred.
Reality: Losing a case does not necessarily indicate legal malpractice. The basis for a malpractice claim is not the outcome of the case but whether the lawyer failed to perform competently and ethically.
Misconception: All mistakes by a lawyer are grounds for malpractice claims.
Reality: While errors can be frustrating, not all mistakes constitute legal malpractice. The mistake must have caused significant harm or damage to the client.
Misconception: Any lawyer can handle a malpractice claim.
Reality: Legal malpractice claims are specialized and complex. It’s advisable to consult a lawyer experienced in handling such cases.
Visual Aid: Recognizing Legal Malpractice
Understanding legal malpractice is important for protecting your rights and ensuring you receive the representation you deserve. Here are a few practical implications:
Dispute Resolution
Legal malpractice laws help resolve disputes between clients and their attorneys, ensuring that clients have a means to seek justice if wronged.
Ethical Standards
These laws set ethical standards for attorneys, reinforcing the need for professionalism and competence in legal practice.
Financial Compensation
Clients who suffer harm due to lawyer malpractice may be entitled to financial compensation for their losses, helping restore their position.
Enhanced Decision-Making
By being aware of their rights, clients can make more informed decisions about their legal representation, ultimately leading to a more trustworthy legal environment.
Case Study: Legal Malpractice in West Jordan, Utah
In West Jordan, a client sued their attorney for legal malpractice after the attorney failed to include crucial evidence in a criminal defense case. The omission led to a conviction that might have been avoided. The client argued this negligence caused significant personal and financial harm.
Outcome
The client demonstrated the elements of legal malpractice:
- Duty: The attorney had a duty to competently represent the client.
- Breach of Duty: The attorney’s failure to present critical evidence was a clear breach.
- Causation: The breach led to a wrongful conviction.
- Damages: The client suffered personal and financial harm due to the conviction.
The court ruled in favor of the client, awarding damages for the attorney’s negligence.
Questions to Consider
- Have you ever felt your lawyer wasn’t adequately representing your interests? How did you handle it?
- Do you understand the critical elements of legal malpractice?
- Would you know what steps to take if you believed you were a victim of legal malpractice?
Staying Informed and Empowered
Understanding the nuances of legal malpractice empowers you to protect your rights effectively. By staying informed, you can navigate potential legal issues with confidence and avoid common pitfalls.
Remember, the information provided here is for educational purposes only and is not legal advice. Always consult a competent attorney in your jurisdiction for personalized legal assistance.
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To speak with a lawyer, call attorney Jeremy Eveland.
Jeremy Eveland
8833 S Redwood Rd
West Jordan Utah 84088
(801) 613–1472
The information contained in this article is for information purposes only and is not legal advice. For legal advice, hire a competent lawyer in your jurisdiction.
What is it called when a lawyer doesn’t do his job?
