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If your attorney has been missing deadlines for your case or failing to return your calls, you might be starting to question their work and wondering, “Do I need a second lawyer?” When a lawyer agrees to represent you, they have a duty to keep you informed, keep track of the important aspects of your case, and act in your best interest. If you notice that they have failed to do these things, it could indicate legal malpractice. 

Warning signs of this type of malpractice include repeated delays, court notices you were never told about, billing discrepancies, or a sudden loss in your case without explanation. If your instincts tell you that your lawyer has stopped handling your case properly, or never did so to begin with, it may be time to get a second opinion from a legal malpractice lawyer.

What Constitutes Legal Malpractice?

Legal malpractice happens when a lawyer’s conduct falls below accepted industry standards in a way that damages your case. It’s worth noting that a lawyer who loses your case is not necessarily guilty of malpractice. The key question is whether your lawyer made avoidable mistakes that another competent lawyer would not have made. 

Examples of such mistakes include failing to file paperwork within the relevant deadlines, ignoring discovery requests, or mishandling settlement funds. Malpractice can also involve conflicts of interest or inaccurate legal advice that leads to poor outcomes. A lawyer who fails to protect your rights or follow basic rules of practice may be liable for any losses that result.

Why Hiring a Second Lawyer May Be Necessary

If you believe your previous lawyer mishandled your case, a second lawyer can evaluate what happened and determine whether the first attorney’s mistakes amount to malpractice. Some clients hesitate to consult a second lawyer out of loyalty, skepticism that a new attorney will do any better, or concern about additional expenses. However, getting an independent review can reveal mistakes you didn’t know about and confirm whether your first lawyer acted properly. 

Additionally, most malpractice lawyers, including those at Stanfield Law Firm, offer free consultations and only get paid if they recover compensation for you. Remember, you have a right to question your representation and to seek fair treatment under the law. A legal malpractice attorney can help you do just that.

Ethical Duties of Successor Counsel

A lawyer who takes over your case after another attorney has already handled it must follow specific ethical rules. Successor counsel must respect client confidentiality and handle your prior lawyer’s work with care. They cannot interfere with your old lawyer’s relationship with you until you have formally ended it. They also must avoid reviewing privileged materials without your consent. Successor counsel must communicate openly about how they will assess your case, what documents they will need, and how they plan to proceed. These rules aim to protect your privacy and maintain trust throughout the process. 

What to Expect in a Legal Malpractice Consultation

During your first meeting with a legal malpractice lawyer, you can expect a straightforward review of your situation. The attorney will ask questions about your prior representation and request key documents like contracts, emails, and court filings. They will look for evidence of missed deadlines, improper advice, or ethical violations. They will also ask you about how the prior lawyer’s conduct affected your case and what losses resulted. The goal of this meeting is to determine whether malpractice occurred and whether pursuing a claim makes sense. You can expect to leave with a better understanding of your rights and what steps to take next.

Seek Help from a Legal Malpractice Lawyer Now

If you believe your previous lawyer may have mishandled your case, talk with the legal malpractice attorneys at Stanfield Law Firm. Our legal team can review your file, explain your rights, and help you decide whether to move forward. Contact us today to arrange your free consultation and learn how we can help you demand the outcome you deserve.

About the Author

Sandra Stanfield is a founding partner of Stanfield Law Firm in Middletown, Connecticut. She represents clients in legal and professional malpractice, personal injury, workers’ compensation, probate litigation, and business disputes. She earned her J.D., with honors, from the University of Connecticut School of Law and is admitted to practice in Connecticut and Massachusetts.