Common Types of Legal Malpractice

Common Types of Legal Malpractice

Through years of handling legal malpractice cases, we’ve learned that these mistakes are common and generally cause damage to the client or another person with a right to sue the lawyer.

In Litigation

1. Filing a lawsuit after the statute of limitation passed

2. Filing a lawsuit in the wrong court

3. Filing in the wrong state

In Estate Planning

1. Failing to write a will to include all beneficiaries

2. Failing to write a will to include all assets

3. Failing to write a trust instead of a will where appropriate

4. Failing to protect estate assets from unnecessary taxation

5. Failing to see that client assets are transferred to trusts where trusts are used in the estate plan

In Divorce

1. Failing to learn about all of the assets of the other spouse

2. Failing to include assets in the Qualified Domestic Relations Order

3. Failing to ensure that the Qualified Domestic Relations Order is implemented

In Real Estate

1. Failing to order or perform a title search

2. Failing to ensure that necessary inspections are completed

3. Representing the buyer and the seller

4. Failing to prepare a proper deed

5. Failing to recommend the appropriate form of ownership

There are thousands of ways that lawyers can make mistakes.  This list merely shows some of the more common ways that lawyers commit legal malpractice.

By Thomas W. Dillon