We’ve all experienced giving or receiving bad advice. Maybe you suggested someone buy a car they ended up regretting. Or perhaps you accepted advice to go on a blind date that turned into a disaster. These situations, while frustrating, typically serve as learning experiences. But when bad advice comes from a professional, the consequences can be far more serious.
When you seek legal advice, for example, you expect your attorney to provide sound guidance. It may not always be what you want to hear, but it should be factually and legally accurate. If a lawyer fails to meet this standard, it could amount to professional negligence—otherwise known as legal malpractice.
Failure to Succeed vs. Failure to Use Professional Skill
Not every bad outcome results from professional negligence. Courts recognize that an attorney cannot be held responsible for a failure to succeed unless it stems from mismanagement, inattention, or lack of professional skill. Legal malpractice occurs when a lawyer fails to apply the ordinary skill and knowledge expected in their profession, causing the client to suffer a loss.
Here are common examples where bad advice may cross the line into professional negligence:
- Missed Statute of Limitations: A common example of legal malpractice is when an attorney misses a critical deadline to file a lawsuit. In most cases, there’s a statute of limitations—an expiration date for when a case can be filed. Bad advice that causes a client to miss this deadline, and therefore lose their right to sue, can lead to a malpractice claim.
- Failure to Meet Deadlines: Apart from statutes of limitation, legal cases often involve multiple deadlines, such as filing documents, completing discovery, or preparing for trial. If a lawyer fails to inform their client about these deadlines, or worse, misses them entirely, this can result in professional negligence.
- Incorrect Application of the Law: Lawyers must understand and apply the correct law to their client’s case. If an attorney misinterprets or applies the wrong law, leading to a negative outcome, that bad advice may be deemed negligent.
- Failure to Disclose: Attorneys must disclose essential information, such as fee arrangements or potential conflicts of interest. Failing to do so can harm the client’s case and may result in a professional negligence claim.
Contact a Philadelphia Professional Negligence Attorney Today
If bad legal advice has caused you financial harm, you may be entitled to compensation through a legal malpractice claim. Our Philadelphia professional negligence attorneys can help assess your case and provide the guidance you need. Contact Quinn Law Group, LLC in Philadelphia or New Jersey today for a free consultation.
