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Commingling is often considered legal malpractice

On Behalf of | Jan 17, 2024 | Legal Malpractice

When someone works with an attorney in Tennessee, they expect that attorney to provide legal assistance that is within the guidelines of standard practice. There are many regulations attorneys must follow when working with a client. When these regulations are not followed, it may constitute legal malpractice. While not every mistake is considered malpractice, acts like commingling generally fall under the legal malpractice category.  

What is commingling? 

Regarding legal matters between an attorney and their client, commingling is when the attorney mixes their client’s funds with their own. This can create complications in the attorney-client relationship and is a forbidden practice. The attorney is responsible for keeping their client’s funds separate from their own and using those funds only as allowed based on the terms of the case.  

Commingling is forbidden for several reasons. First, it prevents the attorney from misusing their client’s funds, a practice that the client may not be aware is happening. This also ensures that the client’s funds aren’t lost unexpectedly due to reasons that the attorney can’t control. If commingling does happen, the attorney may be committing legal malpractice.  

Where to turn for help 

Anyone who has questions or concerns about how their attorney handled a case can benefit from speaking with someone knowledgeable about Tennessee’s legal malpractice laws. These laws are often complicated and can be difficult to understand due to the use of legal terms that the average person may not be aware of. By working with an attorney, one can understand their rights and decide if it’s appropriate to proceed forward with a case against an attorney who is suspected of legal malpractice.