Fixing The Mistakes Of Incompetent Lawyers
Competence is the minimum you should expect from your attorney. After searching for and speaking to lawyers, you select someone whom you believe to be trusted legal counsel with the knowledge, skill and experience to handle your case. However, what you don’t know about your attorney can be equally important.
At Ney Rhein, LLC, we understand that Georgia clients come to us with their trust in the legal system shattered. For more than a decade, we have fought to restore not only their trust in the legal process but also the dignity of the legal profession.
A Service To Our Clients And Our Profession
Cases are dismissed on technicalities on a daily basis. Many of those dismissals are the result of a lawyer failing to comply with legal requirements. Clients often don’t discover their attorneys’ incompetence until it is too late. The damage is already done.
Specific examples of incompetence include:
- Practicing outside of a lawyer’s common practice area
- Missing deadlines
- Failing to show up in court
- Failing to undertake necessary discoveries, including taking depositions, interviewing witnesses, and obtaining facts and documents
- Jurisdictional Issues and cross-border cases – In border communities like Columbus, attorneys must be careful not to practice law in states where they are not licensed (like Alabama)
Often, these issues arise when a lawyer does not have the resources or staffing necessary to manage a law practice. Legal malpractice cases are our primary focus at Ney Rhein, LLC. Our attorneys possess deep familiarity with the issues that arise in professional negligence and legal malpractice cases. We remain by the side of our clients, navigating them through a complex and challenging process, and staying in close contact.
Understanding The “Standard Of Care” In Georgia
Not every act of incompetence is obvious. You may lose your case and never know that your lawyer’s knowledge of the law, not just their schedule, is what failed you. Incompetence can be intellectual. It can be strategic, but it can be just as damaging.
Georgia’s attorney standard of care measures competence against what a reasonably competent lawyer practicing in that same area would do under similar circumstances. That standard applies directly to legal knowledge and case preparation, not just courtroom attendance.
Legal research failures are a serious form of actionable incompetence. If your lawyer missed a controlling Supreme Court of Georgia ruling that could have defeated a motion to dismiss, that gap may have cost you your case. In addition, Georgia attorneys must properly vet, designate and prepare expert witnesses in professional liability and complex tort matters. Neglecting those responsibilities can end your case before trial, but most clients only recognize this failure after it has already harmed their case.
The Dangers Of “Dabbling” (Specialization Negligence)
Years of experience do not guarantee competence in every area of law. A lawyer can practice for 20 years and still commit legal malpractice by failing to meet the standard of care in an unfamiliar area of law. Look for these warning signs:
- The generalist trap: A lawyer who primarily handles auto accident claims may lack the depth to manage a divorce case or complex transactional dispute. That knowledge gap can destroy your case from the start.
- Procedural failures: Georgia’s Civil Practice Act and local court rules carry county-specific requirements. Lawyers who do not understand those rules make procedural errors that shut clients out of court entirely.
- Inadequate discovery: Failing to depose key witnesses or subpoena financial records is not a minor oversight. It is a failure to build the case-within-a-case that Georgia legal malpractice claims require.
A lawyer who accepts cases beyond their expertise without adequate preparation or assistance risks practicing incompetently. If your experience reflects any of these signs, you may have grounds to sue a lawyer for professional negligence. Ney Rhein, LLC, has extensive experience handling legal malpractice cases in Georgia and is ready to evaluate yours.
Experienced Lawyers Holding Peer Attorneys Accountable For Malpractice
If you have been victimized by the incompetence of an attorney, schedule a free initial consultation with our Atlanta-area firm online or call us at 404-963-9519. All consultations remain entirely confidential.
