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Legal Lack of Knowledge Cases

Some attorneys simply lack the basic skills to represent their clients. Attorneys are not required to be the leading expert in every area in which they practice. One authority stated: that an attorney must ‘… possess such a reasonable knowledge of the law as is ordinarily possessed by other attorneys, and to discover those additional rules of law which, although not commonly known, may be readily found by standard research techniques.’ 7A C.J.S. Attorney and Client, § 256 (1980).

The Entrekin Law Firm handled a case many years ago in which an attorney did not know how to properly file a lis pendens. The attorney filed the lis pendens incorrectly and because of this, a large real estate transaction fell apart. The attorney’s client was sued because of this and had to pay hundreds of thousands of dollars, because of his attorney’s lack of knowledge. The Entrekin Law Firm brought a subsequent legal malpractice lawsuit on this basis.

If an attorney fails to exercise the basic knowledge which would be reasonably expected of an attorney of ordinary skill and prudence in the same or similar circumstances, they are liable for negligence to the client.