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When you hire an attorney, you expect them to understand the law that applies to your case. Unfortunately, not every attorney meets that standard. Some make avoidable mistakes—misreading the law, missing key legal updates, or simply applying the wrong statute or rule altogether.
These errors can have serious consequences. If an attorney fails to know or properly apply the law, the impact can be just as harmful as missed deadlines or ignored court orders. At Stanfield Bechtel Law, we help clients in Connecticut understand their legal options when an attorney’s missteps have caused real harm.
What Does “Failure to Know or Apply the Law” Mean?
In legal malpractice, this phrase refers to an attorney’s responsibility to understand and use the law correctly. When a lawyer misunderstands a law, overlooks a key precedent, or misapplies a statute, they can damage your case, sometimes beyond repair.
This isn’t about second-guessing a lawyer’s strategy. It’s about whether they knew—or should have known—the correct legal standards. For example, if a personal injury lawyer in Connecticut fails to account for the state’s two-year statute of limitations and tells you that you have three years to file, that’s more than just a simple oversight. That’s a failure to apply the law correctly.
Attorneys are expected to keep up with legal developments, research unfamiliar topics, and ask for help when needed. When they don’t, their clients pay the price.
How This Can Harm You
Legal errors involving a misunderstanding of the law can lead to serious financial and legal consequences. Clients trust their attorneys to give sound advice, meet legal deadlines, and make the right arguments in court. When that trust is broken, the damage can be significant.
Some of the most common harms include:
- Losing a case you should have won
- Accepting a low settlement because your attorney gave you the wrong legal picture
- Facing unnecessary legal liability due to poor advice
- Being unable to appeal because of mistakes made at trial
These situations often leave clients feeling confused and angry, especially when they find out the issue could have been avoided with proper legal knowledge. Beyond the financial loss, there’s an emotional cost that comes from knowing your attorney didn’t meet their duty.
Is This Considered Legal Malpractice?
Not every legal mistake rises to the level of malpractice. But when an attorney’s failure to understand or apply the law causes actual harm, it may qualify.
There are four key elements:
- Duty – The attorney owed you competent legal representation.
- Breach – They failed to meet that duty by misunderstanding or misusing the law.
- Causation – Their failure resulted in you suffering damages.
- Damages – You suffered a financial loss or other damage as a result of the attorney’s failure.
Let’s say your attorney failed to raise a key defense that could have protected you in a civil lawsuit. Or they misread a statute and advised you not to take legal action, causing you to miss your chance entirely. In these situations, it’s not just a poor decision—it’s a failure to provide the level of care the law demands.
What You Can Do If You Were Harmed
If you believe your attorney made a serious legal error, it’s important to take action. Even if you’re unsure whether malpractice occurred, there are steps you can take to protect yourself:
- Request your file – You have the right to review your legal documents.
- Get a second opinion – Another attorney can evaluate the prior lawyer’s conduct and explain whether it appears negligent.
- Document everything – Keep track of emails, letters, and case timelines. This can help show how the mistake happened and what effect it had.
We understand how frustrating it is to feel like you were left in the dark—or worse, led in the wrong direction. That’s why we take the time to listen, review the facts, and give you a clear picture of your options moving forward.
Contact Our Experienced Middletown Legal Malpractice Attorneys
Lawyers have a responsibility to know the law and apply it correctly. When they don’t, and their clients suffer the consequences, there may be grounds for a malpractice claim.
At Stanfield Bechtel Law, we help individuals in Middletown and across Connecticut understand their rights and hold negligent attorneys accountable. If you’ve been harmed by a lawyer’s failure to know or apply the law, we’re ready to help. Contact us today to schedule a free consultation and find out if you may have a claim.