When your lawyer lets you down, you may have reason to sue

There are never any certain outcomes where the law is concerned. There are probabilities, statistics, the "voice of experience" and other factors that you can take into account when you make decisions as a case moves forward -- but the typical layperson needs to rely on their attorney for a lot of guidance.

That puts attorneys in a rather elevated position with their clients. Some of them, unfortunately, misuse that position or abuse the trust they are given.

Just recently, Michael Avenatti, the attorney whose name captured a lot of headlines through his representation of Stormy Daniels, has been accused of legal misconduct and a breach of his fiduciary duty toward that same client. He allegedly misdirected funds that were meant for his client into his own account for business and personal expenses. If true, that's a serious ethical and legal violation for an attorney to commit.

However, there are plenty of other ways that an attorney can be guilty of legal malpractice. For example, clients always have a right to expect that the attorney handling their case is competent to do so. That may not be so, however, if:

  • Your attorney doesn't observe the rules of procedure and misses the statute of limitations on your case
  • An attorney accepts a case that is outside of his or her area of practice (like a real estate attorney taking on a criminal case)
  • Your attorney doesn't seem to have your best interests at heart, colludes with the other side to close a case quickly or shows up to court unprepared
  • Your attorney doesn't adequately inform you of a settlement offer, your risks at trial or some other important issue
  • An attorney represents you while suffering from an untreated mental illness or while using drugs or alcohol
  • Your attorney had a conflict of interest that put you at a disadvantage

According to recent reports, conflicts of interest that cause a breach of an attorney's duty of loyalty to the client are the most common cause of legal malpractice. The areas of law most likely to see a legal malpractice claim include trusts and estates, corporate and securities, real estate transactions and business transactions.

If you've fallen victim to legal malpractice, find out how our firm may be able to help you recover your losses. Please explore our site further or contact us directly to discuss the situation.

No Comments

Leave a comment
Comment Information

Let me help you protect your right to recovery. Contact my Louisiana law office online, or call 225-224-0383 to schedule a free consultation with an experienced attorney.

Email Us For a Response

Free Case Review

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Vincent J. DeSalvo, Attorney at Law
7918 Wrenwood Boulevard, Suite A
Baton Rouge, LA 70809

Phone: 225-224-0383
Baton Rouge Law Office Map