Understanding the Difference Between Ethics Violations and Legal Malpractice (2024)

Perhaps you have just completed an emotionally draining legal battle, or you are still in the middle of a legal battle, and you suspect that the outcome of the case could or would have been different had certain things been done differently. Once the ordeal has passed, you have noticed that there were several specific aspects that transpired that affected the outcome of your case. You begin to think that these situations were caused by something your attorney did or failed to do.

If you have recently lost a legal case or claim, in which you have reason to believe that your attorney has wronged you, you should know that you have the right to pursue a claim against the attorney and/or the firm. Before you begin the process of filing a claim against the attorney, there are several factors you should consider first to determine whether you have a viable claim. This article will help you understand the basics surrounding the differences between attorney ethical violations and professional negligence by an attorney.

If you or someone you know has reason to believe that an attorney misrepresented you, speak to an experienced attorney who can guide you through the process of filing a claim against the attorney in question. The process can be complicated and can present various legal hurdles that an experienced attorney will understand.

Understanding Ethical Violations

Ethical violations by attorneys are based on California Rules of Professional Conduct. Such violations are more common than legal malpractice, in part, because though an ethical violation may form a basis for a legal malpractice, an ethical violation does not always mean there was a legal malpractice. The following are some of the most common ethical violations that can be encountered:

The attorney failed to communicate with the client.
- All attorneys have an ethical duty to keep their clients informed about the status of the case in a reasonable manner. They should also respond to their clients when the client requests certain information. Lastly, attorneys should inquire about decisions that must be made in the case.
The attorney has failed to return important documents to the client.
- The case file is considered the client’s personal property. This file should be promptly returned to the client despite of the case’s outcome. In California, this is also true even if the attorney has not been fully paid.
The attorney demonstrated incompetence.
- The lawyer has to have the necessary experience, knowledge and competence in order to proficiently work on a case, and if the attorney does not have the necessary experience and knowledge, then the attorney must make reasonable efforts to gain the particular knowledge and skill, or associate in an attorney who does, or refer the client to a different attorney.
Conflicts of interest were apparent.
- Attorneys cannot represent two opposing parties at the same time. Furthermore, certain circ*mstances may arise where there is a potential conflict of interest that may become an actual conflict of interest, each of which imposes duties on the attorney.
Financial discrepancy was apparent.
- Charging excessive fees, refusing to give the client his or her money, stealing the client’s money, or misplacing the client’s money are clear indicators of an ethics violation.

Understanding Legal Malpractice

Legal malpractice cases are complicated case, inherently involving a case within a case. This is so because typically an individual brings a claim against their former attorney for something that occurred in the underlying case. This requires the individual to prove that the attorney failed to so something or did something incorrectly which caused the individual to have a less favorable outcome in the underlying case had the attorney not committed the breach. Ethical violations may, but not always, form the basis for a legal malpractice. Legal malpractice is based on professional negligence. This requires the individual to show that the attorney breached a particular standard of care, and the breach of which caused the individual damages. The applicable standard of care will be different for each case depending on the type of case, the legal issues involved, the attorney, and the claim being made by the individual.

The Bottom Line

Before bringing an action against an attorney for claims of legal malpractice, you should consider consulting with an experienced attorney in professional negligence to determine the viability of a claim.

The attorneys at the Knez Law Group are experienced in legal malpractice. They are dedicated to seeking the protection of their clients who have been wronged by a previous attorney. Seek the advice and support of an attorney who will be there to champion for your rights.

Matthew Knez

Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.