Areas of Law Where Malpractice Is Greatest
- Personal injury lawyers specialize in cases where the negligence of a company or individual has allegedly caused damages to the plaintiff. They typically seek monetary damages for injuries resulting in automobile crashes or work-related injuries, among other incidents. Attorneys in this area of law are among the most likely to be sued for legal malpractice.
- Real Estate attorneys are second only to personal injury lawyers when it comes to legal malpractice suits. This can happen when a lawyer sues a real estate broker under the wrong theory and for the wrong actions that caused damages or loss at trial. It also occurs when conflict of interest on a property is at the heart of the litigation and the attorney did not pursue that aspect of the case. If the actions of the attorney caused the loss of property or prevented the recovery of damages it is possible to win a malpractice suit against the real estate attorney involved.
- Malpractice of a lawyer involved with banking affairs is a common complaint. If the attorney fails to define the proper terms for a bank loan to finance a project, or negligence has caused the loan to be re-written, causing delays and costing extra money, then the attorney may be at risk of a malpractice judgment.
- Other areas of law that have the significant potential for malpractice suits include bankruptcy, domestic relations and workers' compensation. An attorney may give ill-advised advice to file for bankruptcy, improper spousal support or division of property in a divorce, or fail to appear to represent a client company in a fraudulent workers' compensation claim.
- To win a malpractice suit against an attorney, the plaintiff must prove four specific things. An attorney-client relationship must have existed; the attorney must be negligent or malicious in his representation; there must be injury as a result of the attorney's action, and actual damages must be established.