Conflict of Interest. An attorney has a duty to avoid conflicting interests. A conflict of interest arises when an attorney's independent judgment on behalf of a client may be affected by a loyalty to another person that he/she represents or has represented.  There is a potential conflict of interest when an attorney represents both sides in a matter where potentially the parties' interests may conflict (for example, representing both buyer and seller in a real estate sale, or both parties in a divorce). Conflict of interest is a potential problem when an attorney cannot clearly identify who is the client.  This may occur in probate estate work or the creation/representation of business entities. For example, an individual approaches his attorney and requests legal services involving the start-up of a corporation for himself and several partners in an existing partnership.  After incorporating, is the individual, the group of individuals, the partnership, or the new corporation the client? The attorney should always be able to clearly identify the client - and should discuss this with all involved parties so there is no confusion over whose interests the attorney is serving.

Failure to Take Timely Action. Legal malpractice cases may also involve neglect of the file by the attorney, failure by the attorney to abide by court orders and discovery requirements, and failure to respond to motions by the other side.  Many of these failures usually also involve a failure to communicate to the client.

Failure to Communicate. Problems occur for failure to tell the client what is happening.  For example, your claims should never be compromised without your full knowledge or consent - thus a settlement cannot be accepted on your behalf without your approval. You have the final say.  If months go by without word on your case, investigate what is happening.

Statute of Limitations. The statute of limitations is a deadline established by statute by which time you must file your lawsuit or be forever barred. For most personal injury matters, in most states, this period is two years. Thus, you have two years from the date of your injury, or, more precisely, when you knew or should have known that you had suffered an injury, in which to file your claims. Over 13% of all legal malpractice cases arise for failure on the part of the attorney to file claims in a timely manner.