Inadequate Preparation by an Attorney as a Basis for Malpractice Liability or Disciplinary Action

Once an attorney undertakes the representation of a client, i t becomes his obligation to exercise proper care to safeguard the client's interest. When a lawyer has accepted employment in a matter with which he is unfamiliar, this obligation entails the study necessary to make him competent in the matter. The Disciplinary Rules of the American Bar Association state that "a lawyer shall not handle a legal matter without preparation adequate in the circumstances."' Although it would be difficult to examine the entire spectrum of litigation dealing with legal malpractice, cases demonstrate that the errors upon which negligence suits are based frequently involve an inadvertent mistake on the part of an attorney. Nonetheless, several decisions have found lawyers liable for their failure to prepare adequately with regard to a legal matter. Because the failure to ascertain relevant legal principles may result in substantial liability for damages or potential disciplinary action for gross negligence, the cases dealing with inadequate preparation are of grave concern. Accordingly, this comment will attempt to outline the extent to which an attorney may be found culpable for rendering improper advice to his client because he failed to investigate properly the applicable rule of law or failed to conduct any research into a legal matter with which he was e n t r u ~ t e d . ~