Trust plays a crucial role in any attorney-client relationship. When an attorney breaks this trust, whether through intentionally unethical actions or mistakes, you need to know your rights and options. Distinguishing between legal malpractice and a lawyer’s ethical violation is important, as both are serious but carry different implications for the attorney and the client. This blog aims to clarify these distinctions and explain why guidance from an experienced 1818 attorney can make all the difference in successfully pursuing your legal malpractice claim.
Are Ethical Violations Different Than Legal Malpractice?
Yes. Though they can sometimes overlap, ethical violations and legal malpractice are separate and distinct concepts. Ethical violations occur when an attorney breaches a professional code of conduct established by the state’s bar or other governing bodies. Legal malpractice occurs when an attorney fails to adequately represent a client to the degree that, had the client been appropriately represented, they would have received a more favorable outcome. While an attorney’s ethical violation can certainly be an aspect of a larger legal malpractice claim, the existence of an ethical violation alone does not necessarily guarantee the ability to recover damages. For example, it is inappropriate and unethical for an attorney to criticize or curse at a client, but if there is no financial harm, these actions would not be grounds for a malpractice lawsuit.
What is a Legal Ethical Violation?
An attorney commits an ethical violation when acting inconsistently with the Illinois Rules of Professional Conduct. Some examples of attorney ethical violations include:
- Misappropriation of Client Funds
- Failure to Disclose a Conflict of Interest
- Failure to Properly Inform a Client of Material Information
- Breach of Confidentiality Obligation
Can I Sue my Attorney for an Ethical Violation?
While the ethical violations listed above and other violations may be part of a legal malpractice claim, the occurrence of one of these breaches does not necessarily constitute legal malpractice. A legal malpractice lawsuit focuses on a breach of professional duties and the client suffering financial harm. If there is no economic harm, a malpractice claim may not be appropriate. However, these ethical violations can be reported to the ARDC. The Attorney Registration and Disciplinary Commission (ARDC) operates under the authority of the Illinois Supreme Court, which has sole authority to regulate the admission and discipline of lawyers in Illinois.
What is Legal Malpractice?
Attorneys must practice at a level consistent with the field’s professional standard of care. When your attorney breaches this standard and negatively impacts your case’s outcome, your attorney has committed legal malpractice.
Can I Sue my Attorney for Legal Malpractice?
Yes, you can sue your attorney for legal malpractice and recover monetary damages for the suffering caused by their malpractice. However, winning a legal malpractice claim can be very difficult; it is not enough to prove that your attorney breached the standard of care to which they were bound. Rather, the success of your legal malpractice claim depends on whether your previous case would have had a more favorable outcome if your attorney had not breached their duty. Proving that the underlying case would likely have resulted in a different judgment if your attorney had acted properly is often complicated. So, seeking guidance from an experienced legal malpractice attorney can greatly affect the outcome of your case.
How Can an 1818 Attorney Help Me With My Legal Malpractice Claim?
Winning a legal malpractice claim requires an attorney who understands the relevant legal standards and the intricacies of malpractice litigation. Our firm offers the highest level of representation to clients wronged by their previous attorneys.
If you believe you have been a victim of legal malpractice, call us at (312) 779-1818 or fill out our online contact form. At 1818, we expertly guide you through this complex process and fight for the compensation and representation you deserve.
