What if my lawyer didn’t properly investigate my case?
When you hire an attorney to represent you in a case, the lawyer should know how to handle all matters involved in your case. It is reasonable to assume that your attorney possesses the knowledge of the laws, applicable to your type of case, that can help you prevail. Clients trust that the attorney is able to collect and understand all of the facts and evidence, and has the knowledge of all relevant procedures and protocols to handle a case competently. When that proves not to be true, clients are often left at the mercy of the attorney’s insufficient capabilities. As legal experts, lawyers have a duty to take care of their clients. If there is a breach of that duty, legal malpractice comes into play. Attorneys should have to answer to their clients when their negligent actions cause a client financial loss.
Depending on the facts, insufficient investigation of a case may constitute legal malpractice because investigation and discovery play a significant role in a lawyer’s ability to prepare the case for resolution through settlement or trial. Properly investigating in order to prepare for trial may, depending on the particular case, include the following:
–Obtaining necessary written information from clients;
–Properly asking questions of clients to recollect all necessary facts needed to prepare for trial;
–Interviewing witnesses (Witnesses can play a big role in a case. A statement from a bystander can help you prove facts. A lawyer should properly interview all potential witnesses);
–Researching and following legal rules and procedures (Your lawyer should know and understand all the rules and procedures dealing with your case, in and out of the courtroom);
–Avoiding discovery and utilization of discovery devices (The purpose of discovery is to know what documents and other evidence the opposing side has, so as to build your case and avoid surprises when the parties meet in court. Discovery covers issues such as the request for documents, the taking of sworn affidavits, and interrogation of potential witnesses).
Each case turns on its own facts. And if the facts show that your lawyer or legal representation team did not properly investigate your case, it is important to consult with Florida Legal Malpractice. Talk to our experienced Florida legal malpractice attorneys, who have the experience to evaluate each situation. For years, Trials and Errors attorneys have been helping people wronged by their lawyers recover the damages they deserve.