Is Your Lawyer Doing Their Job? Signs of an Incompetent Lawyer

When you hire a lawyer, you assume they’re acting in your best interest and working hard to represent your case to gain a favorable outcome. When this doesn’t happen, holding the lawyer accountable for their misconduct is appropriate. Knowing the signs of an incompetent lawyer, however, can be challenging. Below, our legal malpractice attorney discusses the signs that your lawyer may not be adequately representing you and what to do in response.

What’s a Lawyer’s Obligation to Their Clients?

Lawyers must follow ethical standards detailed in the American Bar Association’s Rules of Professional Conduct. Lawyers are responsible for advising clients about their legal rights, advocating on their behalf in the legal system, and negotiating advantageous outcomes honestly and professionally. Lawyers are expected to be diligent, prompt, and knowledgeable about the legal matters surrounding each case. They also have fiduciary duties to act in their client’s best interest.

What’s Flawed Legal Representation?

When lawyers don’t follow standard practices or engage in unethical behavior, they break their duty to represent you to the best of their abilities. However, if you’re unfamiliar with the legal process, it can be challenging to determine whether your lawyer is fairly representing you. Here are some warning signs of insufficient legal representation:

Acting Outside of Legal Best Practices

Licensed attorneys must follow specific rules and an ethical code of conduct to continue practicing law. When a lawyer acts outside of these rules in a way that harms their clients, they may be committing legal malpractice. To determine whether a lawyer is acting outside of legal best practices, you must consult another lawyer with a similar background to assess the first lawyer’s practices.

Misrepresentation

Misrepresentation happens when a lawyer fails to use due diligence when representing you. Several actions may be considered misrepresentation, such as:

• Taking on a case outside their general practice area.
• Failing to gather all the necessary documentation needed to represent you accurately.
• Making an error another lawyer in similar circumstances would have avoided.
• Failing to apply the governing law.
• Using out-of-date or inaccurate information to build your case.
• Failing to appear for scheduled court dates.

Incomplete Investigation

If your lawyer fails to perform an accurate investigation, delays obtaining discovery, doesn’t negotiate with the other party, forgets to submit relevant evidence, or rushes to settle, it’s a sign of an incompetent lawyer.

Warning Signs of an Incompetent Lawyer

While lawyers can’t guarantee the outcome of a case, lawyers must do everything possible to represent you well. Here are some warning signs that you may be working with an incompetent lawyer:

Lack of Communication

You should be able to easily contact your lawyer when you have a question about your case. Your calls and emails should be returned within a reasonable timeframe. Another warning sign is if your calls are constantly shuffled between office staff or case managers and you rarely speak to your actual lawyer.

Failing to Understand Case

Your lawyer should fully grasp and understand the laws and legal matters regarding your case. If your lawyer appears disorganized or hesitant to discuss your case details, it could indicate they are operating outside their practice area.

Failing To Appear

There are no excuses—your lawyer should attend court dates, mediation sessions, and hearings as expected. They should also meet relevant deadlines when submitting paperwork regarding your case, such as filing motions and responding to petitions.

Apathetic

Lawyers are expected to advocate for advantageous outcomes in your case. If you believe your lawyer doesn’t advocate on your behalf or fails to perform the necessary actions to work on your case, it may be a sign of an incompetent lawyer.

Unclear Billing Structures

Lawyers should be fairly compensated for their work. They should provide a transparent fee structure so you can anticipate how much you’ll pay for legal services. If you receive unexpected bills or are skeptical about the amount of work accomplished for the hours billed, you may want a second opinion.

Negligence

Failing to perform basic duties clearly indicates an incompetent lawyer. For example, mishandling funds or missing payments shows financial negligence. Legal negligence occurs when your lawyer fails to provide the services you hired them to do, such as failing to ensure your will is legally valid. Engaging in unethical practices is also negligence.

What Do You Do If You Suspect Your Lawyer Hasn’t Done Their Job?

If you think you have been represented negligently, you may be a victim of legal malpractice. Malpractice is a complex and often challenging legal matter, which is why working with an experienced legal malpractice attorney, like our team at Badgley Law Group, is vital. We have represented many clients who have been victims of legal malpractice. You can view their stories in our latest case summaries. Call our office at 407-781-0420 to schedule a free consultation to discuss your situation and how we can help you get the representation you deserve.