If the lawyer makes mistakes
Lawyer error in extrajudicial area
In the extrajudicial area, a lawyer can make a lot of mistakes. First of all, there is usually a mandate after which a so-called initial consultation has been agreed and carried out. In this initial consultation, the lawyer tries to comprehensively comprehend the facts of the client and at least mentally to classify them once.
In this case, it is particularly important that the lawyer asks the right questions, so that the legally inexperienced layman can also correctly perform the facts presentation. A mistake here would be, for example, that the lawyer does not ask exactly, although this would have been useful, or not listening properly and thus assess the case completely wrong.
Even promises that are made in the context of an initial consultation, can contain errors and lead to misconceptions of the potential client. We are told nationwide that certain things have been promised to them during an initial consultation with lawyers, which ultimately could not be kept. Here is not just a mistake, but in part to speak of “fraud”. It may also be that the lawyer does not deliberately make a mistake, but simply is not up to date with regard to case law and jurisprudential literature.
The extra-judicial area is still affected when the initial consultation is completed and the lawyer handles the case. Here mistakes on different levels are conceivable. A classic mistake of a lawyer, for example, is to miss an important deadline. If, for example, a settlement is to be concluded with the counterparty, which is to be carried out under the setting of a deadline, the missed deadline is a mistake which can sometimes lead to the client being unable to conclude this settlement in this form and suffering sensitive damage as a result.
Also, the attorney can misjudge the legal situation altogether and thus give the client legally wrong advice or initiate legally wrong steps against the other side in the out-of-court area. Here, one can sometimes speak of a mistake, but in part also of mere ignorance and ignorance of the legal parameters, or of carelessness in the mandate processing. It is sometimes difficult for the novices, who are inexperienced in law, to determine to what extent a mistake has been made or to what extent the facts simply no longer exist in the concrete situation.
In such a case, if you feel that your lawyer has made a mistake, you should talk to a lawyer specializing in lawyer liability matters who can assess the situation. It is sometimes difficult for the novices, who are inexperienced in law, to determine to what extent a mistake has been made or to what extent the facts simply no longer exist in the concrete situation.
In such a case, if you feel that your lawyer has made a mistake, you should talk to a lawyer specializing in lawyer liability matters who can assess the situation. It is sometimes difficult for the novices, who are inexperienced in law, to determine to what extent a mistake has been made or to what extent the facts simply no longer exist in the concrete situation. In such a case, if you feel that your lawyer has made a mistake, you should talk to a lawyer specializing in lawyer liability matters who can assess the situation.
If the client is convinced that the lawyer has made a mistake, the question arises as to how it can be dealt with in the out-of-court area. First of all, we recommend looking for an open conversation with the lawyer. Therefore, speak your lawyer clearly and clearly on what you think has been made mistakes. You will see from the reaction of your lawyer whether it is reasonable or has a completely different opinion. If you cannot get ahead through a clarifying conversation, you probably have to seek help from a lawyer so as not to “sit” on the damage you may have suffered.
Error of a lawyer in the judicial area
Although mistakes made by lawyers in out-of-court cases can already lead to serious damage, the damages caused by lawyers’ mistakes are much higher if they occur in the judiciary.
In court, there is a lot to be considered in litigation by the lawyer. The procedural little things and big points cannot be assessed and evaluated by the layman as a rule at all, so that errors here are not even noticeable. However, a conspicuous mistake is to miss an important deadline in court, sometimes causing a default judgment, for example, or losing the entire court case because the deadline has not been met.
But not only such mistakes are possible in court, but also legal ignorance of the lawyer can lead to the process being lost altogether, although it could have been won, and also questions of the proof technique are relevant. If your lawyer is unable to present the state of affairs in court rulings and legal literature in court, or if he does not react properly in the evidence process, you can lose the entire process.
What you can do if your lawyer has made a mistake
If you feel that your lawyer has made a mistake in out-of-court or judicial remedy that harms you, you may need to consider having your lawyer liable for it. In doing so, you should first proceed in a prudent manner: Have a lawyer specializing in the legal field of lawyer’s liability check to see if your “lawyer” actually made a mistake or if it was just your subjective feeling. If, in fact, there is a case of legal liability due to an error, consideration must be given to how you can pass on the damage to your former lawyer so as not to sit on it.
Your new lawyer will contact your former lawyer and first ask him out of court to settle any damage. If your lawyer agrees and settles the damage, it’s probably done. However, if one disputes whether or not a mistake has actually been made, it may even be necessary to take legal action against your former lawyer. You should rely on absolute experts in the field of legal liability, so as not to lose any further damage.