Attorneys here in Maryland and elsewhere must meet certain professional and ethical standards. Most diligently follow the Rules of Professional Conduct put forth by the American Bar Association. However, through mistake or intention, some attorneys violate these rules and their clients suffer for it. If you suspect that your attorney somehow committed legal malpractice, it may help to know more about the most common ways this may occur before taking any further steps.
Communication with clients is one area where attorneys tend to get into trouble. Advising clients of important issues in their cases is part of the job. This may be one of the most common complaints that individuals have regarding their legal counsel. When a failure to communicate causes harm to the client, it may be necessary to file a complaint.
Commingling the attorney’s funds with the funds of a client also violates the Rules of Professional Conduct. Attorneys are required to maintain a trust account in which clients’ monies are deposited in order to keep it separate from their personal accounts. More than likely, when this violation occurs, it is because the attorney failed to properly manage the accounts.
If an individual believes that his or her Maryland attorney violated either of these rules, the filing of a complaint may be appropriate. In order to know for sure, it may be beneficial to discuss the matter with an attorney who represents clients whose attorneys have not fulfilled their obligations. A review of the circumstances may reveal that a violation occurred and that the client suffered damages because of it. In that case, a legal malpractice claim may need to accompany a complaint filed with the appropriate bar association.
Source: FindLaw, “What are Legal Ethics and Professional Responsibility?“, Accessed on Aug. 20, 2017