What are the Consequences if the Lawyer Does Not Deliver the “Best” Results for His Clients?
Provided by HG.org
The ethical responsibilities of a lawyer are to ensure the best possible results may be delivered to his or her clients. This means researching the matter, creating the best strategy for the court room, negotiating for the best benefits of the person with opposing counsel and a variety of other items.
If a lawyer is unable to perform his or her duties for clients, he or she may need to have the person contact another legal representative to avoid negative consequences. It may be possible that if the best possible defense or lawsuit are not initiated and followed through with, the legal professional could face serious effects with the bar association, local and state officials and with his or her clients. It is imperative that the client is given the best defense, civil suit and services that a lawyer may provide. This is not always possible if the legal representative has numerous clients and legal matters to deal with at the time.
Some pitfalls that the client lawyer relationship may encounter include if one party lies, a lack of communication between both, putting certain matters off until later, ignoring what is being explained and when one is unreasonable. This strains the relationship and could lead to disaster in the court room. It is important that the lawyer is able to believe what the client says or to take the information and follow through with certain actions. This may mean requesting certain motions, questioning witnesses or seeking additional evidence. When the matter concerns litigation, the case may need to move quickly and nothing should be postponed.
What best results may be considered could differ based on the client. However, for the legal realm this usually means that the lawyer has given his best possible service to either litigate against someone based on evidence and other factors or has given the best defense through strategy and tactics employed to keep the client from a conviction. Even if either of these is unsuccessful, the legal representative may have still accomplished the best possible service he or she could. In certain circumstances, the best results may be fines instead of prison terms. However, some clients do not feel if they are unsuccessful that the best results were achieved.
Some cases involve achieving the best results through open communication, honest details and all evidence used to attempt to end with a positive result. However, some claims or cases cannot come to these based on the mountain of evidence and proof applied by the opposing counsel. This means that even with his or her best effort, the lawyer is unable to accomplish what the client wanted in this situation. The greatest struggle may have been undertaken by the legal professional, but it may be an impossible task to win every case. However, if a negative outcome does occur, the lawyer may then need to defend against a /lawsuit.
Consequences to Insufficient Service
When a client feels that his or her lawyer has not delivered the service he or she was expecting, this could lead to litigation or a review with the American Bar Association. The type of outcome depends on various factors of the case, the client and the services utilized during the situation. This means that if the client’s litigation was unsuccessful due to communication problems, he or she may attempt to sue the lawyer with another legal representative. If the legal professional is accused of misconduct or a violation while representing someone, he or she may be facing a review with someone or a board with the ABA.
If the consequences of services not being the best include a review, the legal professional may lose his or her license to practice law. This could make keeping business difficult even in other states. It also means that if an appeal is attempted that he or she may not act as a lawyer in the interim. Litigation with past clients could also cause complications with the business practice or firm that the lawyer works with professionally. He or she may face losing other or potential clients in the future and current persons represented for various cases. It is important to protect from these circumstances.
Legal Help in Legal Delivery Cases
When the lawyer faces litigation or other complications, he or she may need to hire another lawyer for representation. It is better to have additional assistance in these matters.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.