Qué hacer cuando su abogado se equivoca

You’ve been in a car accident, you’ve hired a lawyer, and now you think your attorney screwed up your case. Maybe you feel you’re not getting the attention you deserve from a bad lawyer, or they are missing key deadlines. If you suspect your lawyer of negligence in your car accident case—whatever the reason—there are actions you can take to get a second opinion. Our car accident lawyers can provide legal advice about what to do when your lawyer messed up your case.

¿Qué hago si sospecho que mi abogado es negligente en mi caso?

In most cases, if you are unhappy with how your lawyer is handling your car accident case, it is likely due to a breakdown of communication. Scheduling a meeting and getting a second opinion are two things you can do that can resolve most issues.

In rare cases, if your attorney fails their fiduciary duty and that breach affects the outcome of your case, you may be a victim of legal malpractice and can consider taking the next steps to sue your former lawyer.

What Are Signs Your Personal Injury Lawyer May Not Be Doing a Good Job?

There are many signs that your attorney is not doing a good job, and some common ones include:

• Not returning your phone calls or emails in a timely manner
• Failing to keep you updated on the status of your case
• Not being prepared for court hearings or depositions
• Not investigating your case or gathering evidence
• Not being aggressive in negotiations with the insurance company

¿Cuáles son los ejemplos de casos de negligencia legal?

More serious mistakes in handling your case that would amount to attorney malpractice include:

• Incumplimiento del plazo de prescripción
• Malversación de fondos de clientes y fraude
• Facturación rellena y fraudulenta
• Resolver un caso sin el consentimiento del cliente
• Conflictos materiales de intereses
• No responder a una petición dispositiva
• No añadir reclamaciones o demandados críticos
• Falta de comunicación repetida y prolongada

¿Qué NO es negligencia legal?

Some common behaviors in the legal profession that harm business and reflect a poor attorney-client relationship but are NOT malpractice include:

• Comportamiento grosero
• Choques de personalidad
• No responder inmediatamente a su llamada telefónica o correo electrónico
• A bad outcome in your case
• Your attorney being friends with opposing counsel

For a deeper look at what counts as a valid legal malpractice claim (and what doesn’t), read our article” What Is Considered Malpractice for an Attorney?“

¿Existen normas de conducta profesional para los abogados?

Every state bar association, plus the District of Columbia, requires that their attorneys follow a written canon of professional standards. In Illinois, those are called the Illinois Supreme Court Rules of Professional Conduct.

Entre las normas importantes para las relaciones abogado-cliente se incluyen:

1. Competencia en la práctica jurídica
2. Adherence to attorney-client privilege, as outlined in Illinois Legal Aid Organization
3. Diligencia en la tramitación y gestión de un asunto
4. Comunicación con el cliente
5. Custodia de los bienes del cliente separados de los propios

¿Qué hago si creo que mi abogado ha cometido un error en mi caso?

Personal injury cases can take months or years, and slow progress or setbacks don’t always mean a lawyer was negligent. If you suspect malpractice:

1) Remain calm and gather the facts.

Do not jump to conclusions! Even great lawyers lose motions and even entire cases. If you think something’s wrong with your case, keep pursuing it to minimize damages. Collect facts and save all case documents.

2) Sit down and have a meeting with your attorney.

Schedule a meeting, call, or video chat with your lawyer to discuss your case and concerns. Legal matters involve wins and losses, so focus on key aspects like motions, expert testimony, and trial preparation. Regular updates during important times are helpful, but daily communication isn’t necessary.

3) Get a second opinion.

If you are still dissatisfied after your meeting, consider seeking another lawyer’s opinion for a new perspective and guidance on next steps.

4) Continue pursuing your case.

Even if your attorney committed malpractice, you cannot abandon your case. You have a duty to mitigate damages, which means continuing to pursue your case to achieve the best possible outcome—despite your former attorney’s incompetence.

This may include retaining a new law firm to see the case through.

¿Cómo demuestro una negligencia legal?

Proving legal malpractice is challenging—you must show not only that your lawyer was negligent, but also that this negligence impacted the outcome of your case.

Para recuperar una indemnización en un caso de demanda por negligencia jurídica, debe demostrar cada uno de los siguientes aspectos:

1. Your attorney owes you a fiduciary duty of care. If you are a client, this element will be easy to prove.
2. Your lawyer fails their fiduciary duty of care. Attorneys must follow professional ethics and use their experience, training, and education to handle your case.
3. But for the attorney’s breach, your case results would have been materially different. This element can be hard to prove. You can only recover damages if your lawyer’s incompetence impacted your case.
4. Damages: to prove damages, show how your attorney’s error lowered your case’s value. If you settled for thousands instead of a rightful million due to their mistake, you may be able to recover the difference.

I’m Not Happy with My Personal Injury Lawyer—What Can I Do?

If you’re unhappy with your legal representation, it may be time to seek a second opinion from another attorney. At The Kryder Law Group, LLC Accident and Injury Lawyers, our legal malpractice lawyers offer free consultations to review your situation, determine if we can take over your accident case, and advise whether or not you have a legal malpractice claim.