When a client decides to hire a lawyer to represent him for a case, he selects someone he feels confident in. The client meets with the lawyer for the initial consultation, signs the paperwork and the process begins. The client leaves the meeting with the belief that the lawyer he has just met with will be the lawyer working on his case.
For example, Jim goes to Law Firm A and meets with Attorney Ace. Attorney Ace advises Jim about his case, Jim signs the paperwork to get the action started and they shake hands. The next time Jim hears from Law Firm A, it is to advise him that he has to come to the office for a deposition.
When Jim arrives at his deposition, he expects to see Attorney Ace but instead is told that Attorney New, a young associate with Law Firm A, will be covering his deposition. Surprised by this change, Jim is discouraged but goes along with what Attorney New is advising. Although it may not be good business, it is not legal malpractice to have a case handled by another lawyer in the office without previously advising the client of the change. Often times, scheduling conflicts arise and there is no other option but to have someone else cover the matter.
However, during Jim’s deposition, Attorney New fails to ask critical questions due to his inexperience in that area of law and this causes major issues to come up that lead to Jim’s case being dismissed. Jim could have a legal malpractice case as a result of Attorney New’s errors.
Call our office today to discuss your potential legal malpractice matter.
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