With the legal system becoming more transparent, the Law Society of Ontario accepts complaints from the public against lawyers. This sometimes gives an unfair reputation to the lawyer, even when they are looking out for their best interests and are doing everything that they could to get the best possible outcome. Having a malpractice case can be a cause of stress, Professional misconduct lawyers will analyze your case and help to determine whether there is any legitimate claim. Here is all that you need to know about legal malpractice.
What constitutes as malpractice?
When the lawyer fails to exercise the ordinary skills and knowledge which are possessed by a member of a legal profession, it constitutes malpractice. If the case didn’t turn out in your favour, then there are chances that you have been a victim of malpractice. However, just because the case didn’t turn in your favour doesn’t always indicate malpractice. Some common examples of legal malpractices are taking a case despite the conflict of interest, stealing from clients, breach of judiciary duty, missed deadlines, failure to follow instructions, inadequate preparation, asserting incorrect claims or defences and failure to introduce evidence.
What to do when you have been a victim of legal malpractice?
If you feel that you have been a victim of malpractice or any other type of attorney misconduct, then consult a misconduct lawyer who will discuss the options for pursuing financial compensation. Once the complaint has been filed with the Law Society of Ontario, then it will be determined whether the allegations against the lawyer are to be solved through the Complaints Resolution Department or whether it is a more serious allegation.
You would be asked to attend an interview in person or even provide written responses to specific questions along with specific details. Your colleagues and potential witnesses could also be interviewed. You would also be asked to turn in the documents which are relevant to the complaints of malpractice against the lawyer. As there is to be an investigation it is best to seek legal assistance to guide you through this.
The hearings are usually public. After the hearing, one may be asked to pay the cost of investigation along with the fine and impose terms and conditions on the license of registration of lawyer and in some situations may also revoke it. The legal attorney will help you fight for your right and make sure that you get what you truly deserve.
If you have been wrongly accused of legal misconduct or malpractice, then our lawyers here at Damien R Frost would be with you every step along the way. We would guide you through the process and make sure that justice prevails and you get the compensation you deserve. Our empathetic lawyers will listen to you and help you in the best way possible.