How to Avoid Legal Malpractice When Choosing Your Attorney in Pennsylvania

When you’re in need of legal representation, choosing the right attorney is one of the most important decisions you’ll make. Whether you’re facing a criminal charge, working through a business dispute, or needing help with an estate plan, your attorney must be competent and ethical. However, the unfortunate reality is that some clients experience legal malpractice—where their attorney fails to perform competently, causing harm to their case. To avoid such situations, here are steps to guide you in choosing the right lawyer for your needs in Pennsylvania.

Researching Your Attorney’s Background How to Avoid Legal Malpractice When Choosing Your Attorney in Pennsylvania

The first and most important step to avoiding legal malpractice is to thoroughly research your potential attorney’s background. In Pennsylvania, all lawyers must be licensed by the Pennsylvania Bar Association (PBA), and you can verify an attorney’s credentials by searching the PBA’s online directory. This directory allows you to check their standing, history of any disciplinary actions, and whether there are any complaints filed against them.

Additionally, look for information on their years of practice, areas of expertise, and success in handling cases similar to yours. A well-established attorney with a strong track record in your specific area of need is a positive sign.

Reading Reviews and Testimonials

Before meeting with an attorney, take the time to read online reviews and testimonials. Platforms like Google Reviews, Avvo, and Martindale-Hubbell provide client feedback on attorneys. Look for comments about how the attorney handles client communication, responsiveness, and how well they resolved cases similar to yours. Pay attention to patterns in the reviews, both positive and negative.

While one bad review may not necessarily be a deal-breaker, consistent complaints about missed deadlines, poor communication, or lack of results should raise red flags.

Professionalism is the Word

I highly Recommend Gibson & Perkins.  I have used their services for approximately 6 years now and been through a few cases together with very positive outcomes.  Personally, I have used Paul Fellman and Walter Timby on those occasions.  Both, as a team & separately these Attorneys were wonderful to work with and easily accessible to reach if I had any questions.  Professionalism is the word that comes to mind to describe the firm, as a whole.  Always completely prepared for any surprises that may pop up during a trial.  They were well versed on all pertinent info pertaining to each case.  As I client, I always felt I was an integral part of the team, not an after-thought, that had to be brought up to speed a half hour before the trial started.  I could not recommend this firm and Mr. Fellman and Mr. Timby any higher.
Maria Twining

Very Satisfied

I hired Paul Fellman after speeking to several different lawyers from different law firms because he was the most sincere. Paul did an excellent job on my landlord tenant issue I had on my rental property. He was there for me from the beginning to the end of the whole ordeal. I was very satisfied and I highly recommend him and his firm.

Alan Cheung

Assessing the Attorney’s Experience

In Pennsylvania, not all attorneys specialize in the same areas of law. It is crucial that you hire an attorney with specific experience in the field relevant to your case. For example, if you are dealing with a family law issue, ensure your attorney specializes in family law, rather than general practice.

Experience isn’t just about years in the field—it’s about handling cases similar to yours. Ask the attorney about their experience with cases of your nature and request examples of past successes. This demonstrates their ability to navigate legal challenges effectively and avoid potential mistakes.

Setting Clear Expectations and Communication

One of the leading causes of legal malpractice is poor communication between clients and their attorneys. To avoid this, establish clear expectations from the outset. During your initial consultation, discuss how often the attorney will communicate with you about your case, their preferred method of contact, and any deadlines or important dates.

Good communication is essential. An attorney who is upfront and transparent about your case, timelines, and possible outcomes is more likely to provide reliable legal representation. Avoid attorneys who give vague answers or seem unwilling to provide clarity on these important matters.

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Understanding Fees and Costs

Make sure you understand the attorney’s fee structure before committing. Lawyers in Pennsylvania may charge hourly rates, flat fees, or contingency fees, depending on the type of case. Be clear on how they bill for services, whether there are additional fees, and how often you will receive invoices.

Ensure that the fee structure aligns with your budget, and don’t hesitate to discuss payment plans if needed. If the attorney is evasive or unclear about their fees, consider that a red flag.

Consulting with Multiple Attorneys

It’s always a good idea to consult with more than one attorney before making your final decision. This allows you to assess various attorneys’ approaches, personalities, and how comfortable you feel working with them. A second opinion can give you a more complete picture of your case and help you make a more informed decision.

Getting a Written Agreement

Once you’ve selected an attorney, make sure that all terms of the engagement are clearly laid out in writing. This agreement should include details about the attorney’s services, fees, and how your case will be handled. Having a written agreement protects both you and the attorney by making expectations clear and reducing misunderstandings.

Trust Your Instincts

While credentials and experience are critical, don’t overlook your personal comfort level with the attorney. Trust your instincts when it comes to how the attorney interacts with you. Are they empathetic and respectful? Do they listen to your concerns and address them clearly? You should feel confident that your attorney will keep your best interests in mind and be someone you can rely on throughout your case.

If you feel that your questions aren’t being answered adequately or that the attorney doesn’t value your input, that’s a sign to reconsider your choice. The attorney-client relationship is built on trust and mutual respect. If either is lacking, the attorney may not be the best fit for you.

Pay Attention to Red Flags

Legal malpractice can sometimes be avoided by recognizing warning signs early in the relationship. Some common red flags include:

  1. Lack of Communication: If your attorney is hard to get in touch with or doesn’t respond to emails or phone calls in a reasonable amount of time, this could be a sign that they are overwhelmed or disorganized. 
  2. Vague Promises: If an attorney makes promises about the outcome of your case without proper legal reasoning, this should raise concerns. No reputable attorney can guarantee a specific result. 
  3. Conflict of Interest: Be wary if the attorney represents clients whose interests may conflict with yours. A reputable attorney should disclose any potential conflicts of interest upfront. 
  4. Inexperienced in Your Specific Legal Issue: Even if an attorney has years of experience, that doesn’t necessarily mean they have the expertise you need for your specific legal issue. Be sure the attorney has handled similar cases successfully.

Legal malpractice is a serious issue that can cause harm to your case and legal outcomes. By taking the time to research, assess, and communicate with potential attorneys, you can reduce the risk of encountering legal malpractice. Make sure the attorney you choose in Pennsylvania has the experience, ethics, and expertise to represent you effectively.

If you are in need of an attorney who will treat your case with care and integrity, reach out to Gibson & Perkins, PC today. Our team is dedicated to providing clear, effective legal counsel to protect your interests.

To learn more about this subject click here: A Guide to Legal Malpractice

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