"When All Else Fails - Sue The Lawyers"
The duty to disclose the attorney's failure to properly represent a client is an obligation which must be performed by every attorney who is faced with the task of informing their client that as a proximate result of their failure to perform they have failed the client and caused damage..
When a lawyer causes a client financial damage which is proximately resulting from their performance - that attorney continues to have a duty to inform the client of that error - and that attorney must advise the client to seek legal advise.
Contemporaneous with the moment the attorney discovers the error a conflict arises because when the error is discovered - the attorney then knows that his client has a potential claim againt the lawyer thereby creating a conflict of interest.
While painful to the attorney to discover that they have caused a client damage it is ethically required that the attorney communicate the sane to the client and advise the client of their rights on how to proceed should the client so decide to do so.
This obligation to communicate by the attorney should be communicated in a direct manner contemporaneously with the time of discovery and the attorney is well advised to be sure that they have performed their obigations leaving no doubt that the client has been notified.
Simple as this sounds the mandatory task is sometimes neglected.
In rare instances an attorney may attempt to concealed the error - but concelment will not immunize the attorney. Generally - although the time to file a claim for Legal Malpractice is limited to three years from the time of the occurance or three years from the last day when an attorney client relationship existed, but when the attorney has concealed the error from their client
that concealment by the attorney will not bar the client from proceeding upon discovery of the concealment, because an attorney owes a duty of disclosure of these errors to their client when they become known.
