Erroneous Advice Attorney
The Entrekin Law Firm obtained a very large settlement for a corporation whose attorney pretended he was an expert in employment law. He told the corporation they did not have to abide by the termination provisions of an executive officer’s contract, because the executive was operating in a ‘right to work’ state. This was inaccurate: whether or not the state was a ‘right to work’ state, corporations need to honor their contracts.
As the market for attorneys becomes more glutted, more and more attorneys attempt to take on matters outside their expertise and in the process, give erroneous advice. Young attorneys in particular are prone to represent themselves as having expertise they lack, in order to build a practice in a competitive market.
In another case which came to The Entrekin Law Firm, the attorney erroneously advised the client that the deeds to land given to her by her husband had no significance, because they were not recorded with the county recorder. This advice directly contradicted a statute and because she followed this advice, the client lost several parcels of property worth several million dollars.
Attorneys are not required to be the preeminent expert in their area of practice, but they are required to have the knowledge that a reasonable and prudent attorney, who holds themselves out as skilled and experienced in that particular area of law, would have. If they fail to meet this standard by giving erroneous advice and that erroneous advice causes substantial damages that would not have occurred but for the erroneous advice, there are strong grounds for a legal malpractice lawsuit.