Navigating Legal Excellence: Understanding the Standard of Care in Law

Yesterday, the legal community witnessed a disconcerting display of professional inadequacy during a high-profile trial. Experts in the courtroom observed and reported on a series of critical missteps by a lawyer that raised eyebrows across the profession.

From blatant disregard for fundamental courtroom protocols to a troubling inability to introduce evidence properly, the performance was markedly below the expected standard. Moreover, the lawyer's discourteous interaction with the judge added an additional layer of discomfort to an already concerning situation, leaving many in the legal field reflecting on the gravity of such conduct.

So what is the standard of care in the legal profession?

Well, the short version is that the standard of care for a lawyer refers to the level of competence, diligence, and attention that a reasonably prudent lawyer would exercise in similar circumstances. It's a benchmark used to evaluate the quality and appropriateness of a lawyer's conduct in the course of their professional duties.

Each case is different due to various factors such as the complexity of the legal issues, the jurisdiction in which the case is being handled, the specific needs and circumstances of the client, and the evolving nature of legal practice and precedent.

Lawyers

For a lawyer to meet this standard of care, there are several key actions they must take:

Maintain Competence: A lawyer must stay informed about the latest developments in the law, legal practices, and techniques relevant to their areas of practice. This often involves continuous learning, research, and professional development.

Exercise Diligence: A lawyer must be diligent in representing their clients. This means dedicating sufficient time and effort to each case, meeting deadlines, and pursuing matters in a timely and efficient manner.

Communicate Effectively: A lawyer must keep the client informed about the progress of their case, explain legal concepts in a manner that the client can understand, and promptly respond to client inquiries.

Clients

For clients, ensuring that their lawyer is performing to the proper standard of care involves:

Providing Complete and Accurate Information: Clients should provide all relevant information to their lawyer. Withholding details can hinder the lawyer's ability to provide effective representation.

Engagement and Participation: Clients should actively engage with the process, asking questions, and seeking clarifications. Staying informed and involved can help ensure that the lawyer is meeting their needs.

Setting Clear Expectations: Clients should discuss their expectations, including communication preferences and legal outcomes, with their lawyer. Clear understanding between the lawyer and client about the objectives and limitations of the representation can help maintain a standard of care.

Questions To Ask Your Lawyer

When considering hiring a lawyer, it's crucial to ensure they have the requisite expertise and ability to meet the standard of care for your specific case. Here are three key questions you should ask. Make sure after asking these questions that the lawyer you’re thinking about hiring gives you full and complete detailed responses:

Can you provide details about your experience and success in handling similar cases?

This question helps you gauge the lawyer's familiarity and proficiency with cases like yours. A lawyer with experience in your type of case is more likely to understand the relevant laws and strategies that are effective. Ask for specific examples, outcomes, and how they've navigated similar legal challenges.

How do you stay updated with the latest developments in this area of law?

The law is constantly evolving. It's important that your lawyer stays informed about the latest legal developments, rulings, and changes in legislation relevant to your case. Understanding their approach to continuous learning and staying current in their field can give you insight into their commitment to maintaining competence.

How will you communicate with me about my case, and what is your approach to client relationships?

Effective communication is a critical component of legal representation. Understanding how the lawyer plans to keep you informed about your case, their responsiveness to queries, and their general approach to client relationships will help you assess if they can meet the standard of care in terms of communication. This question also helps establish expectations for ongoing engagement and ensures that you are comfortable with their style of interaction.

By asking these questions, you can better evaluate whether the lawyer has the necessary expertise and dedication to provide the high standard of care your case requires. Remember, a good lawyer should not only have expertise in the relevant area of law but also demonstrate a commitment to ethical practice, client care, and professional development.

Mitch Jackson | Lawyer and Private Mediator

Years ago I did a radio interview sharing nine questions most clients should ask a lawyer before hiring that lawyer to represent them in a case. Even more important than the questions are the answers you need to hear from the lawyer. I think these nine tips are good and recommend you listen to this interview before hiring your next lawyer.