Legal malpractice occurs when an attorney does not provide services in accordance with the standard of care that is expected of them. When a lawyer’s negligence, errors, or omissions affect a client’s legal matter, it can result in harm. Legal malpractice in Pennsylvania is a serious matter because it can severely impact the outcome of a case, the financial well-being of clients, and their legal standing. In Pennsylvania, as in most states, the client has the right to hold their attorney accountable for malpractice, but proving such claims requires a thorough understanding of the legal process and potential causes.
Not every mistake or error made by an attorney qualifies as malpractice. However, in situations where a lawyer’s failure to perform competently causes a client harm, it may be grounds for a malpractice claim. Lawyers are expected to meet specific professional standards and uphold ethical responsibilities in every case they take on. When these expectations are not met, clients may suffer significant setbacks, from the mishandling of legal documents to the failure to meet critical deadlines.
Types of Legal Malpractice 
There are different types of legal malpractice, each stemming from various actions or inactions on the part of the attorney. Understanding these types is crucial in identifying whether you have a potential legal malpractice case.
One of the most common types of legal malpractice is negligence. This occurs when a lawyer fails to provide the level of care that is expected of them in handling a case. Negligence can take various forms, including failing to file paperwork on time, not meeting important deadlines, or failing to adequately research or prepare for a case. This can lead to irreversible consequences for the client’s case, making it a significant form of malpractice.
Another form of malpractice involves conflict of interest. A conflict of interest happens when a lawyer has competing interests or allegiances that compromise their ability to represent their client impartially. For example, a lawyer might represent two clients with conflicting interests or could have a personal interest in the outcome of the case. In these situations, the attorney’s judgment could be clouded, and the client may not receive the full attention or loyalty they deserve.
Missed Deadlines and Legal Malpractice
One of the most damaging consequences of legal malpractice is the failure to meet critical deadlines. Attorneys are required to adhere to strict timelines when filing documents, responding to motions, or submitting evidence. Missed deadlines can lead to a case being dismissed, the loss of important rights, or a failure to present crucial evidence.
In Pennsylvania, as in other states, there are statutes of limitations that dictate how long a person has to bring a lawsuit after an incident occurs. If an attorney fails to file a lawsuit within this time frame, the client may lose the ability to take legal action entirely. Missing deadlines could also negatively impact the chances of success in a legal matter, causing severe harm to the client’s interests.
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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.
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How to Detect Legal Malpractice
If a person suspects they have been a victim of legal malpractice, the first step is to evaluate the situation objectively. Did the attorney’s actions—or lack thereof—lead to an unfavorable outcome? Did the lawyer fail to meet deadlines or provide the necessary legal expertise for the case? The following signs might indicate that an attorney has committed legal malpractice:
Incompetence and Negligence: If your lawyer made critical errors, overlooked important facts, or provided poor legal advice, it might suggest malpractice. Attorneys are expected to have the requisite knowledge and competence to handle the legal matters they are hired for.
Failure to Communicate: Lawyers are required to keep their clients informed about the progress of their cases. If an attorney has failed to communicate with you, failed to respond to your inquiries, or made it difficult to reach them, it could be a sign of neglect.
Unprofessional Behavior: If an attorney is behaving unethically or unprofessionally, such as being unprepared in court or failing to fulfill promises, it may indicate that they are not upholding the standards required for the job.
Conflicts of Interest: If you suspect that your attorney is representing your interests inadequately because of conflicting personal or professional interests, this could be a form of malpractice. Attorneys must avoid conflicts of interest and prioritize their clients’ needs.
Steps to Take When Suspecting Legal Malpractice
Once a person suspects that they’ve been the victim of legal malpractice, it’s important to take timely and deliberate action. In Pennsylvania, like in many states, clients have the right to file complaints against attorneys who fail to meet professional standards.
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Review Your Legal Agreement
Start by reviewing your retainer agreement or any legal contract that outlines the scope of your attorney’s duties. Understanding your lawyer’s obligations can help you assess whether they have failed to meet those duties. If you can demonstrate that your lawyer breached their contract or failed to perform the necessary work, this strengthens your case.
Gather All Relevant Evidence
To support your claim of malpractice, collect all relevant documents, emails, and communication related to the case. This includes legal correspondence, court filings, and anything else that might prove the lawyer’s failure or negligence. The more documentation you have, the easier it will be to prove your case.
Consult a Legal Malpractice Attorney
Once you’ve reviewed your legal agreement and gathered your evidence, it’s time to consult with an experienced legal malpractice attorney. Malpractice cases are often complex and require the expertise of a lawyer who understands both the law and the intricacies of the malpractice process. A legal malpractice lawyer can provide advice about whether you have a strong case, and they will explain your options moving forward.
File a Complaint
In Pennsylvania, clients who believe they’ve been victims of legal malpractice can file complaints with the state bar association. The bar association investigates the actions of attorneys, and in cases of malpractice or unethical behavior, the attorney may face disciplinary action. While filing a complaint might not result in financial compensation, it helps ensure that the attorney’s behavior is officially reviewed.
Consider Filing a Lawsuit
If the malpractice resulted in significant harm, such as lost money or a negative outcome in your legal case, you may wish to pursue a malpractice lawsuit against the attorney. In Pennsylvania, clients generally have two years from the date they discover the malpractice to file a lawsuit. An attorney with experience in malpractice cases will help you navigate the legal process and seek compensation for your damages.
The Statute of Limitations for Legal Malpractice in Pennsylvania
The statute of limitations for filing a legal malpractice lawsuit in Pennsylvania is two years from the time you discover the malpractice or should have discovered it. This is an important deadline to keep in mind. If you wait too long, you may lose the opportunity to pursue a claim, regardless of the strength of your case.
Why Timely Action Is Crucial
Time is a critical factor when dealing with legal malpractice. In addition to the statute of limitations, delays in addressing malpractice can further harm your case. The longer you wait to address malpractice, the more difficult it may become to recover damages or fix the issues caused by your attorney’s errors. Timely action gives you the best chance to rectify the harm done.
Why Choose Gibson & Perkins, PC
If you suspect that you’ve been the victim of legal malpractice, Gibson & Perkins, PC, is here to help. Our team of experienced attorneys understands the complexities of legal malpractice cases and can guide you through every step of the process. From reviewing your case to pursuing legal action, we are committed to protecting your rights and ensuring that you receive the justice you deserve.
At Gibson & Perkins, PC, we take a client-focused approach to every case. We understand the stress and frustration that come with suspecting legal malpractice, and we are dedicated to helping you hold attorneys accountable for their actions. If you are in Delaware County or the surrounding areas in Pennsylvania, contact us today for a consultation.