Legal Malpractice Claims On Improper Advice

July 17, 2020

A lawyer who gives improper advice to a client can be charged with malpractice. This doesn’t mean that lawyer has to be perfect, they also make mistakes. The analysis of such a claim is just like any other negligent act or intentional wrongdoing where a client is harmed for relying on the advice given by their lawyer. The malpractice lawyers in Tennessee can greatly help anyone to understand whether the improper advice may have caused damages or whether it was irrelevant such as no to cause any difference to the case outcome. If this fact is established, then a client can recover from their prior attorney’s misconduct. Advising clients is central to what is done by a lawyer. However, if your lawyer goes beyond and gives you improper advice, then he/she can be accused of malpractice.

 Connection Between Improper Advice And Case Outcome

A client could sue a lawyer for malpractice if the legal advice was a violation of the law. Let’s take an example on payment of tax on compensation for lost wages. If a lawyer advises the client that recovery amount on lost income is not taxable since it resulted from someone’s negligence, this could give rise to malpractice. Your lawyer could also advise you to evade reporting your total income by making multiple payments claiming that it would be a red flag for you auditor. It’s worth noting that a lawyer is only responsible for improper advice if he/she fails to meet the ethical standards. For instance, if your lawyer is aware of some specific legal changes that may obstruct your justice and gives out improper advice for financial benefits to cover his/her own interest; this could lead you to suffer damages. To sue your prior lawyer for malpractice due to improper advice, you need to prove that:

  • Due to the improper advice, you got messed up: The lawyer acted against substantive laws that could have led to criminal conspiracy. Meaning, the improper advice has a criminal intent and your lawyer was offering the advice to serve his/her best interests
  • Were it not for the improper advice, and you would have won the case: Your prior lawyer is supposed to have acted with honesty, good faith and integrity   
  • You suffered loss as a result of the improper advice

Adverse outcomes of a case don’t mean that your prior lawyer gave you improper advice. For instance, if your lawyer advised you to move out of the state to avoid being convicted, then the lawyer’s conduct could be illegal. If you think you have a case against your lawyer, the first step would be to seek help from a legal malpractice lawyer and learn what could have gone wrong and how you suffered from the act.

Getting Help From A Lawyer

If you sought the help of a lawyer, it means that you wanted to rely upon the lawyer knowledge and skills. This means you believed that any advice given was correct such as to protect your interests. If this has turned out different, you need to as quickly as possible. If your lawyer goes ahead to give you improper advice knowingly, that can be said to be unethical. You may even decide to report the improper advice to the states bar association and the lawyer could be suspended or barred. However, you should consider getting help from a legal malpractice lawyer to know whether you have a claim.

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