California Lawyer for Due Diligence Issues in Legal Malpractice

Plaintiff's Legal Malpractice Attorney Serving Oakland, San Francisco, and Throughout Santa Cruz County

When you hire an attorney, you expect your attorney will have the necessary knowledge to give you helpful legal advice designed to improve your situation. However, if your attorney does not do the work necessary to provide you with competent representation, there could be negative consequences in your case. When you suffer harm due to your attorney’s mishandling of your case, you may be entitled to financial compensation for your damages.

Prepared, Diligent and Competent Representation

Lawyers are required to provide each client with diligent representation. Essentially, this means that your lawyer should be careful and prepared in your case. He or she should take time to understand the applicable law, and give you correct information and advice. Sometimes, this is called “due diligence.” Giving due diligence in a case is part of being a competent attorney. 

When your lawyer fails to perform due diligence, this can have a major impact on your case. Your attorney may not do adequate research on relevant issues, or he or she may give you false information. Some lawyers, especially inexperienced ones, may not have the skill necessary to represent you, but take on your case regardless.

Another common example of lack of diligence is when a lawyer does not do what is required. In Santa Clara County, and throughout California, attorneys are required to meet certain obligations after taking on a client. Some of these obligations are financial, while others relate to the actual practice of law. There are many requirements imposed on attorneys, all of which are intended to ensure clients receive proper legal help. When your lawyer fails to meet these requirements, including acting diligently and competently, he or she may have committed legal malpractice.

Giving Improper or “Bad” Advice

In addition to being prepared and understanding the law, you need your attorney to give you good advice. Legal advice should be based on accurate information and should not hurt your case. So, what happens when your lawyer gave you advice that led to other problems? Perhaps he or she advised one course of action that resulted in a criminal violation. Or, your attorney’s advice hurt your business deal, or caused other financial harm to. If your lawyer’s advice caused you financial or other damages, you may have been the victim of legal malpractice. 

Sometimes, a client’s case does not turn out the way he or she wanted. Just because there was an unfortunate result does not mean that malpractice has occurred. Attorneys, like any professionals, cannot guarantee any particular outcome. An attorney has committed malpractice if he or she failed to provide legal representation that another competent lawyer would give in a similar situation. To successfully recover malpractice damages, you will need to show the malpractice caused you harm. This can be a complicated step, and requires the help of an experienced malpractice lawyer.

Santa Clara Malpractice Lawyer

If you feel your lawyer’s actions or inactions directly hurt your case, contact the Law Offices of John P. Hannon II at 831-476-8005. Our firm understands how devastating legal malpractice can be to your case. We are dedicated to fighting for you, and are prepared to take your case to trial if necessary.