When Do Ethical Violations Become Legal Malpractice?
Attorneys play a crucial role in upholding justice, advocating for their clients’ rights, and maintaining the rule of law.
Ethical standards are paramount in the legal profession as they are the bedrock of trust, integrity, and fairness in the legal system.
Clients can experience negative consequences that undermine their legal rights when represented by an unethical attorney. Ethical violations may result in a legal malpractice claim.
Clients may recognize signs of unethical behavior and take appropriate actions, such as reporting the attorney to the Connecticut Statewide Grievance Committee or by seeking legal remedies for any harm caused.
If you are damaged and would seek substantial damages we recommend you not file the Grievance before speaking with us to see if we would take the case on for you. It is also worth checking with other lawyers as well if we turn down your request for representation.
To speak with a Connecticut legal malpractice attorney, please call (860) 561-0651 or send us an online message today.
Our Practice is Limited to Connecticut
We handle Connecticut legal malpractice claims. We won’t review cases where financial losses are less than $100,000.
Connecticut Rules of Professional Conduct
The Connecticut Rules of Professional Conduct outline the ethical obligations and standards that lawyers in Connecticut must adhere to in their professional practice. These rules established by the Connecticut Judges, are somewhat based on the American Bar Association’s Model Rules of Professional Conduct with some changes.
They maintain the integrity of the legal profession, encourage competent and ethical representation, and uphold the principles of justice.
Violating these rules can result in disciplinary actions by the Connecticut Statewide Grievance Committee. Moreover, clients may refer to the state’s rules of professional conduct to substantiate their claims of legal malpractice.
A violation of a rule is not always proof of legal malpractice. We can help you understand the distinctions if we agree to represent you.
Attorney Ethics Violations Examples
Legal malpractice occurs when an attorney’s negligence, carelessness, or intentional actions (or lack thereof) directly leads to financial, legal, or personal harm to the client. Ethical violations become legal malpractice when they harm or damage a client.
In other words, not every ethical violation automatically constitutes legal malpractice; there must be a demonstrable negative impact on the client’s case or interests and a violation of the standard of care applicable to your situation. Legal malpractice generally requires substantial damages to make it worth pursuing.
Unethical attorney behavior encompasses a range of actions that deviate from the established codes of professional conduct.
Some examples of unethical attorney behavior include:
- Conflict of interest—representing clients with conflicting interests without proper disclosure and consent or using privileged information gained from one client to the detriment of another;
- Billing fraud—overcharging clients, padding bills with unnecessary expenses, or charging for work not performed;
- Misrepresentation—providing false information to clients, courts, or opposing parties, including misrepresenting facts, evidence, or legal precedent;
- Breach of confidentiality—sharing confidential client information without proper authorization, potentially harming the client’s case or reputation;
- Inadequate communication—not keeping clients informed about case developments, disregarding client instructions, or failing to respond to client inquiries;
- Incompetence—taking on cases beyond one’s skill level or failing to research and understand the legal issues involved adequately;
- Abuse of legal procedures—engaging in frivolous lawsuits, filing baseless motions, or using legal procedures to harass or intimidate opponents;
- Taking advantage of vulnerable clients—exploiting clients not well-versed in legal matters by pressuring them into unnecessary services or agreements; and
- Unlawful conduct—participating in or advising clients on illegal activities, such as money laundering, fraud, or perjury.
Consult with a legal malpractice attorney if you experienced any of these unethical behaviors. The Rules of Professional Responsibility may be evidence of negligence but do not firmly establish negligence (malpractice). However, often there is actionable legal malpractice without the need of a violation of the Rules of Professional Responsibility.
Damages in Legal Malpractice Claims
In high-value legal malpractice claims, plaintiffs typically seek compensation for financial losses and damages stemming from the attorney’s negligence.
These harms can include the following:
- Financial loss—monetary damages due to the attorney’s actions, such as missed deadlines, mishandled negotiations, or inadequate representation;
- Loss of case—client case is negatively affected, resulting in an adverse legal outcome (e.g., a lost lawsuit or unfavorable settlement) due to the attorney’s mistakes or misconduct;
- Worsened legal situation—attorney errors worsen the client’s legal position, making it more challenging to achieve a favorable resolution;
- Missed opportunities—attorney negligence causes the client to miss legal opportunities or fail to take advantage of favorable circumstances;
- Violation of fiduciary duty—attorney breaches their fiduciary duty to the client, resulting in harm.
The outcome of these cases can result in significant settlements or judgments, reflecting the extent of harm caused by the attorney’s actions. We generally only take on cases where there are significant, financially related damages.
Are You Interested in Learning More About Ethical Violations and Connecticut Legal Malpractice?
Ethical violations and legal malpractice can go hand in hand. But it isn’t always easy proving that a lawyer’s breach of their ethical duties rises to the level of malpractice. Often the malpractice action succeeds without the need to prove an ethical violation.
At StangerLaw LLC, our Connecticut legal malpractice lawyer has over four decades of experience in litigation, including decades of holding negligent and unethical attorneys responsible for the harms that befall their clients.
To learn more and to schedule a consultation today, give StangerLaw LLC a call at (860) 561-0651 or fill out our online contact form.
