There are a lot of great attorneys out there. Ones that will even mystify your mind with their level of logic and with their briefs that hurdle the edges of poetry. However, I work in the legal industry and I am aware of multiple occasions when "legal malpractice" has occur but the clients are never aware of it and the attorneys never inform the clients. For example, an attorney has failed to submit admissible and sufficient evidence into a motion like a client affidavit and the motion is denied. But the attorney bills the client for the work done on the motion. The client isn't even aware that the motion was denied due to his attorneys failure and usually don't even ask to see the judges "order". Even if they had this order in hand, they , may not understand it. For example, the order could read, "After argument, plaintiff's motion for summary judgment is denied in its entirety. insufficient admissable evidence submitted in support". Even if you understood this order, you still wouldn't know that malpractice had occured unless you reviewed the file. Solution, to make a client's files accessible on-line by creating an attorney case management program that transmits client status reports to a secure website (If Banks can do it, lawyers can to) The clients can log in at any time and review their files and know exactly what is happeing on their cases and read motions papers, correspondence, etc. Not ever lawyer will like this because it opens up the door to new issues but as one client told me "I like my current attorneys but I want my files on line". Thus, the preliminary assumption indicates that every client in the future will want his/her files accessible on-line. Any attorney not adhearing to the newly established norm will find themselves with few new clients. Just another thought. Can you tell I'm bored?
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Having online access to the file wouldn't necessarily mean that the client would understand it. To check malpractice, you would need another lawyer checking the file day by day. Also, at least in CA, the client is entitled to see and get a copy of the complete file from their lawyer any time they want. Having online access to a file may only increase the client's cost and decrease the effectiveness of the lawyer. Acknowledging that there are bad lawyers, those lawyers that are good probably don't have the patience to have the client query and question every move they make in a case, and all the queries are billable time, so the client may end up with a less effective (more distracted) lawyer and a case that cost much more than it should have.
One additional comment, all federal courts, and many CA state courts, now have everything online in pdfs. So at least for stuff that is filed with the judge, a current client can see it online whenever they want.