Signs of Legal Malpractice and the Actions to Take Against the Culprit.
If you have to go to court to fight over something and you have hired a lawyer, it is with the hope that everything you are fighting for will be granted. Even though the lawyer comes highly recommended, you cannot ignore the fact that he can also mess up. This has nothing to do with how you found the lawyer. There thousands of attorneys who are committed to their profession but this does not mean that there aren’t some who are not. There are many clients who are suffering because the lawyer is violating the contract terms but they are not aware. The better part of that population has no idea what needs to be done when the attorney is not doing what he or she promised. The attorney-client privilege exists for a reason which is why you should not excuse a lawyer who violates that. Under no circumstance should the lawyer give information about your case, your personal details or even private documents to a third party without your consent. The lawyer will have breached the contract if he does this.
There will be legal malpractice if the attorney has a conflict of interest in the case. In the event that the opposing side is led by a close family member or a friend of the lawyer, he has to excuse himself from the case. In addition, if the company you are suing is owned by the lawyer, you should not be dealing with him as your attorney. If it happens that the attorney is in a position which would lead to loyalty issues, he should let you know about this from the start and resign as your counsel. If you realize this when the case has been open for weeks, it means some of the things the lawyer did might have been against you. You cannot let such a case slide.
Hiring legal counsel does not mean you are relinquishing your right to make decisions. Therefore, the attorney has no right to make settlements you have not authorized. Any deal coming from the other party or even a settlement offer should be disclosed to you if you were not in the meeting and this does not take into consideration whether the lawyer is happy about it or not. You should start by informing the court about the violation of the service terms and also take the matter to the legal board. You should also hire another attorney who is going to help you get compensation for all the violations the person did.