The Legal Malpractice Resource Center
A guide to legal malpractice and what you can do about it
When lawyers make mistakes, they should be held accountable.
When Baton Rouge residents go to a lawyer for legal representation, they’re usually taking a huge risk. For many people, hiring an attorney is one of the most expensive decisions they’ll ever make and they certainly don’t expect to have to later find a second attorney to assist them with a legal malpractice claim.
No matter how you found your lawyer, by retaining an attorney, you’re putting your trust in that lawyer’s commitment to provide you with solid legal representation.
Lawyers commit malpractice when they violate the standards of service that legal clients can reasonably expect. You may lose your case, fail to close a deal, or learn that your lawyer’s mistake will cost you money. A Baton Rouge or New Orleans resident could have vastly different issues but require the same thing: the assistance of a legal malpractice attorney to remedy the situation.
An experienced legal malpractice attorney can help you identify if the mistake constitutes malpractice and, if so, what to do about it.
In those situations, it is important to find a trusted attorney in Louisiana who will tell it like it is.
Legal malpractice general information
The following links describe specific facets of legal malpractice. If your research affirms your case or invites more questions, please give us a call at 225-930-4901. Pittenger Law Firm is here to answer those exact questions.
- What Is Legal Malpractice?
- What Are the Elements of a Legal Malpractice Claim?
- Will My Louisiana Legal Malpractice Case Go to Trial?
- Can I Automatically Sue for Legal Malpractice if My Attorney Made a Glaring Error?
- Should I File a Bar Complaint Against My Attorney?
- Are Legal Malpractice Claims Generally Charged on a Contingency Basis?
- Can I Sue My Lawyer if He Fails to File Paperwork on Time?
- Are Expert Witnesses Necessary To Prove a Legal Malpractice Case?
Common forms of legal malpractice
Violated attorney-client privilege
Your lawyer is prohibited from talking about your personal details or sharing the specific details of your case, or your private information with any unauthorized person. They are not even permitted to share information about you or your case with co-counsel working on the case without your permission. If you do not give permission, your attorney must keep your information completely confidential, even within the office. If your information has been shared without your permission, contact a legal malpractice attorney immediately.
Ignored a conflict of interest
If, for example, your lawyer is a close friend or relative of the opposing party in your case, this could create a conflict of interest. If your attorney is part owner of or has some other financial interest in a business that is involved in your lawsuit, they are put in a position that could jeopardize their loyalty to your best interests. Your lawyer is required to disclose any possible conflict of interest to you and to potentially resign from representing you in your legal matter as a result.
Agreed to a settlement that you did not authorize
Your attorney absolutely must communicate with you about any and all information that develops surrounding your case. You are required to agree to and provide authorization for any type of settlement agreement that your attorney accepts on your behalf. If you did not consent to a settlement and your lawyer agreed to it for you, it is likely that your attorney breached his or her fiduciary obligation to act in accordance with your best financial interests.
Client overbilling
It’s one of the most common forms of legal malpractice and one of the most difficult to notice. Overbilling may include padding hours, double billing, billing for overhead, and billing attorney rates for non-attorney tasks.
What constitutes overbilling in legal malpractice?
Padding hours
While it is common for attorneys to bill in time increments and round up to the next hour, it is not standard or acceptable to round 30 minutes of work up to three hours, for example.
Double billing
Double billing is the practice of billing two clients for the same hour of work. Shockingly, surveys have shown that a substantial percentage of attorneys admit to double billing and many do not consider it to be unethical, despite the American Bar Association condemning it.
Billing for overhead
While it is acceptable for an attorney to calculate his or her rates to include the cost of running a business, it is not acceptable for him or her to directly bill clients for expenses like after-hours meals or overtime for employees who work late on their case.
Billing attorney rates for non-attorney tasks
Most law offices bill at several levels. Work performed by a paralegal or research assistant might be billed at $75 per hour, while work performed by an attorney might be billed at $450 per hour. If every item on your bill is at the highest rate, you are likely being overcharged for some of the services performed.
What constitutes legal malpractice in Louisiana?
Clerical error
Record search error
Refusal to follow instructions
Failure to obtain consent
Incorrect knowledge or application of the law
Ineffectual strategizing
Neglecting to file documents
Inadequate investigation
Failure to meet a deadline
Conflict of interest
Improper withdrawal
Fraud
Lawyer error
Clerical error: Failing to proofread a document can spiral out of control in a legal case. A typographical error, especially concerning dollar amounts, can be dire for your case and leave you with a malpractice claim against your attorney.
Record search error: Many legal cases require the search of public records for trademarks, patents, or titles. When an attorney either fails to perform these searches or performs them incorrectly, it can amount to malpractice.
Neglecting to file documents: While many legal documents are attached to specific deadlines, others are not technically time-sensitive. It is shockingly common for these documents to be pushed aside by attorneys and never filed, quite possibly causing a loss in your case.
Unethical lawyer actions
Refusal to follow instructions or obtain consent: Your attorney represents you and is bound by your instructions. If a legally binding move is made against your wishes or without your consent, intentionally or by mistake, your attorney has committed malpractice.
Fraud: Any type of fraudulent activity on the part of your attorney is always grounds for legal malpractice.
Conflict of interest: Before an attorney accepts a new case, it is standard procedure to check the names of the parties against existing clients to avoid representing clients with conflicting interests. Being unaware that the conflict exists does not excuse an attorney of this type of legal malpractice.
Lawyer incompetence
Incorrect knowledge or application of the law: The most common form of legal malpractice is simply failure to correctly know or use the law. This can be due to a lack of effort to learn the facts of the case or negligence of the applicable law itself. An experienced Baton Rouge legal malpractice attorney like Tommy Pittenger can help you determine whether malpractice occurred.
Ineffectual strategizing: Legal proceedings require careful planning and the formation of a sound legal strategy. Failure to dedicate time and effort to create a competent legal strategy is not an acceptable practice.
Inadequate investigation: An attorney who fails to properly investigate the facts of your case or thoroughly conduct all necessary forms of discovery is opening himself or herself up to a valid malpractice claim.
Lawyer’s failure to act
Failure to calendar or meet a deadline: Attorneys are required to keep a calendar of court dates and deadlines for each case they handle. Missing a court date or deadline or being unaware of a deadline or of how a deadline applies to a document or a case is a very common form of malpractice.
Improper withdrawal: An attorney who fails to withdraw properly from a case is committing malpractice. Take your case to a skilled legal malpractice lawyer as soon as possible.
Types of cases for a legal malpractice attorney
Drafting or filing errors
Collection and bankruptcy matters
Estate drafting and administration
Family law disputes
Missed filing deadlines
Personal injury cases
Probate errors
Real estate deals
Suspect that your lawyer committed legal malpractice in Louisiana?
Contact a legal malpractice attorney who cares about your rights.
The compact summary of a legal malpractice case: A lawyer’s mistakes cost you time, dollars, and energy. The more subliminal consequences are damaged morale and mistrust of a system that’s meant to support your legal rights.
Tommy Pittenger is a compassionate, knowledgeable, and down-to-earth Baton Rouge legal malpractice attorney who will provide honest representation and knows how to win.
If you suspect that your attorney has committed negligence that resulted in damages, contact Pittenger Law Firm. There are strict deadlines to file legal malpractice claims. If you think your lawyer committed legal malpractice, contact Tommy as soon as you can for a consultation.