What Is Legal Malpractice?
"When a legal malpractice attorney takes on a new case, they’ve already made a commitment to helping their client find justice," says legal consultant and malpractice expert, Charles Carreon. "In fact, we could almost say that helping is in a legal malpractice attorney’s blood." But what exactly is legal malpractice? In the most basic of terms, it’s a situation in which an attorney who provides counsel or representation to an individual or group, causes harm due to negligent behavior. As noted by the Legal Malpractice Plaintiffs Bar Association, "Legal Malpractice occurs when a lawyer fails to competently perform his or her legal duties to a client . This can occur in many ways, including: (1) failing to adhere to court imposed deadlines; (2) failing to follow the client’s instructions; (3) failing to properly communicate with the client about the legal representation; (4) failing to obtain the client’s consent when required; (5) failing to inform the client of significant or material developments relating to the representation; (6) failing to advise the client as to settlement offers or the merits or demerits of pursuing litigation; (7) failing to explain clearly the nature of the legal matter at hand; (8) failing to communicate clearly with the client. The list could go on and on. The Registered Legal Malpractice Attorneys of the RLMA have the experience and expertise to assist clients in those situations." Not only can a legal malpractice attorney provide you with advice as to whether or not your case is legitimate, but they can also ensure that you, as the client, and the attorney are both protected. If you are currently considering filing a legal malpractice claim against your current or former attorney, consider reaching out to a legal malpractice attorney.
Pro Bono Legal Malpractice Lawyer: Why Ask for One?
As a victim of legal malpractice, you have likely spent a considerable amount of money on an attorney who has ultimately caused you more harm than good — and you may have lost the case he or she was supposed to win for you. Now, you stand to lose thousands more in the form of punitive damages, and possibly cannot afford (or do not want to afford) an attorney to challenge these losses.
Without a pro bono legal malpractice attorney, it is highly unlikely that you will be able to regain the money you have already lost. A pro bono legal malpractice attorney understands that money is a concern for individuals in your situation, and that the only way they can help you is to offer their services without cost.
A pro bono legal malpractice attorney will review your case and determine if there are grounds for a malpractice claim. If there are, he or she can help you pursue damages through the state bar court to hold your former legal counsel accountable. While a legal malpractice case necessarily requires the skill and knowledge of an attorney, it can be done by someone who has already paid their dues and is now willing to use that experience to give back to the community.
Qualifying for Pro Bono Legal Malpractice Assistance
Typically, clients must meet two general criteria to qualify for pro bono legal services: financial qualifications and legal merit regarding their claims.
Financial guidelines vary by geographic location and by program. While some programs make consideration of the person’s or family’s ability to pay their own counsel at one end and a sliding scale of fees at the other end, many are free to those who qualify. But often, income and asset restrictions must be met. For most programs, a household income at 125% of the federal poverty guideline is the maximum accepted. Most also take into account household expenses, number of dependents, and the cost of living in the applicant’s locality.
In addition, the legal issue must be one that is addressed by the program. For example, a program may only address consumer issues while another only handles employment issues.
Having limited English proficiency is not a valid ground for finding that a client does not meet financial guidelines as other resources may be available to them for language services. There are also statewide hotlines available to clients in need of legal assistance for specific areas of the law. Some programs limit their services to specific geographic areas, and there may be waiting lists for assistance.
Locating Pro Bono Legal Malpractice Lawyers
The Legal Services Corporation (LSC) is a federally funded organization with the primary goal of providing financial support for legal programs across each state. LSC offers a number of pro bono resources available to the public through their website. Another avenue for acquiring pro bono legal aid is through the State Bar Associations, which are responsible for the administration of lawyers throughout each state. Finally, there are websites that accumulate information from each state’s program, providing a one-stop shop to find pro bono resources in your state.
The LSC has a Pro bono Resource Center for those seeking advice and assistance. Here, you can search by state, and your type of legal issue to find the legal aid most applicable to your need. Simply fill out the questionnaire asking which state you live in, and what type of impairment you are facing (i.e. divorce, landlord-tenant, immigration, etc.).
There are a number of different websites that provide a search engine to find pro bono legal counsel. These include: To start your search, simply answer a number of questions that will help narrow down your search to the area of the law that you most need assistance with.
If the amount of information listed here is overwhelming, keep in mind that you can always reach out to the LSC or State Bar Associations listed above for help. They often have staff that is dedicated to answering questions concerned with accessing services.
Steps to Engage a Pro Bono Lawyer
If you’re fortunate enough to find a pro bono attorney to take your case, you will have much the same experience as with an attorney who charges a fee for services. You can expect an initial consultation, during which you discuss the details of your case and provide your legal counsel with all the documentation needed to evaluate your claim. You don’t really expect anything less, right?
While the consultation is free, other services that may be included in a pro bono arrangement are not: consultation with medical experts, investigations, discovery, and trial preparation. But if those services are not free of charge, what is the point? In a word: time. Pro bono attorneys are volunteers who choose to donate their time to the cases they accept. If they encounter difficulties and delays seeking expert witnesses , for example, it takes longer to move a case forward. There simply aren’t enough hours in a day to do it all without an hourly payment, and so submissions to experts and consultations might be billed to the client. You’ll work out these details at the outset, but know that while receiving free legal services is advantageous, relying on the goodwill of a generous ally isn’t always smooth and without rough edges.
A pro bono attorney will treat you as a client and expect to be treated as a professional. This includes open lines of communication and response to e-mails and phone calls. You will quickly evaluate how well this arrangement works for both of you, and will need to part ways if you find the situation is not working for you.
Successes, Failures, and Lessons
While it is difficult to find statistics on pro bono legal malpractice cases, it is easy to find a few success stories, as well as some challenges that clients face along the way. In an article by Michelle Jackson of the Herald – Whig she quoted Angela Wojciechowski, Executive Director of Illinois Volunteer Legal Services, who said, "One of the longest legal cases we’ve worked on was a housing case of someone who lost his home because his attorney didn’t get it into court, and our volunteer attorney – after six months of work – got the guy’s home back." Jackson also writes that one client of School and College Legal Services, "The most rewarding thing that ever happened for me in the legal arena is when I got a call from a single mother. She was able to pay me for my services in the front end, but sometimes money gets tight for people, and she called me saying she needed my help and could not afford to pay me for the rest of my services. The only answer I could give her was, ‘You know that organization the Bar Association started? That’s a program where lawyers do pro bono work if their clients can prove they cannot afford an attorney, so let me refer you to them.’ After that, the client was taken care of." A 2018 article appearing on Abajournal.com by Deborah L. Cohen, "Pro bono legal malpractices in Chicago and beyond," highlights several relevant examples as well. Regarding Levar Allen v. Robert M. Bernardi, Cohen writes "(A) partner at a big firm took on Brian’s case and settled it successfully for a large sum. When the young man’s condition worsened, he returned to Bernardi, who said the attorney he’d sent Brian to had stolen the settlement. He hired a litigation attorney to get the money. A jury later ruled Bernardi owed Allen $1.3 million. (Cohen) reports that Bernardi "called some of (his legal malpractice) clients and told them he would no longer represent them." Cohen also mentions another case, Mary Li v. Marcia Messinger. "Messinger had agreed to get Li’s son home from the Philippines, where he was visiting relatives, where he had been detained and where he was allegedly drug-addicted. She did get him home, but after he tested positive for meth, the state wanted to remove him from the home. Messinger, who never charged for her services, claimed a change of heart. (Cohen) reports that they reached a settlement where the state agreed to pay her legal fees of about $4,000."
The Critical Role of Support and Advocacy
Advocacy groups and support networks can also be invaluable resources for victims of legal malpractice looking for pro bono services. Organizations that focus on civil rights, tenant’s rights, or other areas of law may have recommendations for pro bono attorneys or clinics that can assist. Some may have their own pro bono components or know of partners who provide pro bono or sliding scale services in the community.
Support networks for victims of legal malpractice may also provide referrals, advice, or advocacy resources: groups that focus on helping AAA, 55% Civil Rights, and 97% ID Disclosure can provide assistance to clients who may be victims of malpractice in the context of a civil or criminal case. Legal involvement is often closely tied to community support, and those who face barriers in accessing the legal system often face similarly compounded factors in their personal lives as well .
Community centers, crisis centers, and health advocacy organizations in your region often have resources to direct individuals to pro bono services. State and local bar associations are a valuable resource, as many operate pro bono projects at the local level utilizing law student volunteers and attorney mentoring programs. Working with other community organizations can also help expand the radius of support and assistance offered to victims.
Taking advantage of the support network available to you, and working with others to identify potential advocacy partners and organizational allies in your area, can be instrumental in ensuring that all victims have access to pro bono or reduced cost legal services.