That headline is probably the last thing you would want to read about your attorney. Although lawyers often serve as the brunt of the joke, they provide an invaluable service to the public in advocating their client’s rights. However, there are some lawyers that do not always have their client's best interests in mind.
Named one of the "top young lawyers of 2005," Steve Caley was on his way up in Arkansas law. He is now on a fast and very public decline. He has recently been convicted of stealing $9.3 million from an escrow fund containing proceeds from a class-action settlement, and has been sentenced to serve 86 months in prison. He was convicted of wire fraud and failure to safely hold settlement money. This case is not the norm (thank goodness) and the increasing threat of attorney malpractice has forced attorneys to be more careful, and that is a good thing.
As with doctors, different types of lawyers are more susceptible to malpractice claims than others. At the top of the list are plaintiff lawyers, and more specifically personal injury cases, which account for 25% of the overall attorney malpractice cases. One article noted that plaintiff's lawyers are more likely to be sued by their clients because the client has high expectations that they will win and when that does not happen, the lawyer is the first person they blame.
That makes sense as people do not enter into a lawsuit thinking they are going to lose. People also feel that a jury is usually plaintiff biased, especially when it comes to cases in which an individual is suing a large corporation or when there are injuries involved. However, just because a plaintiff is disgruntled does not necessarily mean that they will win on their claim, as there are standards they must meet.
Communication is key. I think that clients need to be fully involved in their relationship with their attorney and that type of participation should be a good approach to making sure that your lawyer is always working with your best interest in mind.
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