HKUM4101-2

NASKAH TUGAS MATA KULIAH

UNIVERSITAS TERBUKA
SEMESTER: 2022/23.1 (2022.2)

Fakultas : FHISIP/Fakultas Hukum, Ilmu Sosial dan Ilmu Politik

Kode/Nama MK : HKUM4101/Bahasa dan Terminologi Hukum
Tugas 2

No. Soal
1 Reading:
Can You Sue a Lawyer for
Malpractice?

When you hire an attorney to handle a legal matter for you, you place your trust and confidence
in them that they will competently and effectively represent you. Although most attorneys work
hard to do the best job possible for their clients, sometimes an attorney will provide inadequate
representation.
If your attorney has done something wrong in your case, you may have a claim for malpractice against them.
However, filing a legal malpractice lawsuit can be a complex and time-consuming endeavor.

Understanding Legal Malpractice

In order to prove that your attorney committed malpractice, you will need to show that the attorney owed you a duty
to competently represent you and that the attorney failed to use the ordinary skill and care that another attorney of
similar training and experience would have used under the same circumstances.

It is important to remember that your attorney did not commit malpractice simply because your case did not turn out
the way you had hoped it would have. Instead, legal malpractice only occurs when an attorney takes an action or
fails to take an action that another reasonable attorney would or would not have done in the same circumstances.

Types of Malpractice

There are three major ways in which an attorney can commit malpractice in his or her representation of a client:

Negligence

Most claims of legal malpractice assert that an attorney committed negligence. A negligence claim asserts that an
attorney failed to use the proper care in his or her representation of a client and thereby made mistakes that other
attorneys of similar training, skill, and experience would not have made under the same circumstances

Breach of Duties

An attorney may commit malpractice when he or she violates duties owed to the client -- for example, settling a
case without the client’s approval, lying to the client, abandoning the client’s case, or misusing the client’s funds.

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Breach of Contract

Finally, an attorney may commit malpractice if he or she fails to fulfill some contractual obligation or promise to a
client. If the attorney doesn’t do something he or she was contractually obligated to do for the client, the client may
have a breach of contract claim.

Alternatives to Litigation

A malpractice lawsuit is complicated and time-consuming, and even if you feel that you were wronged by your
attorney, your attorney may be found to not have committed malpractice. However, if you have a dispute with your
lawyer over his or her performance, there are alternatives to litigation to settle your dispute:

- If you believe your attorney violated the rules of professional conduct, you can contact your state’s bar association
to file a complaint. The bar association will conduct an investigation and if it finds your attorney violated rules, it
can discipline your attorney.

-If you have a dispute over fees, your state has a fee dispute organization that can help you resolve your dispute out
of court.

-If you are dissatisfied with your attorney’s performance, you can retain a new attorney.

You can also hire an attorney to negotiate a settlement with your current attorney to help pay for any mistakes he or
she made.

Contact a Legal Malpractice Attorney for a Consultation About Your Legal Malpractice Case

Were you or a loved one harmed by an attorney’s malpractice? Then you need to talk to an experienced legal
malpractice lawyer as soon as possible for guidance on how to proceed.

Source:
https://www.hg.org/legal-articles/can-you-sue-a-lawyer-for-malpractice-54517 Accessed:
Friday/1004/2020/19.41.

Pertanyaan:

1. Jawab pertanyaan berikut atas hasil skimming naskah bacaan:

A) What is the title of each paragraph?
An understanding of attorney’s malpractice to avoid from happening

B) What is each paragraph explaining about?

The text above explained about a mallpractice that can happen on law’s firm, especially on attorneys. The text explains the
reader to be able understanding some things that can help us to choose a right attorney for handling when someone is facing a
law matter. Although most attorneys work hard to do the best job possible for their clients, sometimes an attorney will
provide inadequate representation. Here are some things that can happen when people meet a wrongt attorney
1. Understanding Legal Malpractice

2. Negligence

3. Breach of duties

4. Breach of contract

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5. Alternatives to Litigation

In order to prevent malpractice from happening, those explanation may help people to be much more selective in
hiring an attorney.

C) What is your conclusion after reading that article?

As human beings, having problems is really common thing. However, how if the promblem that someone has is a legal matter?
Then people have to hire an attorney to help them out of the problems. The text above contains some things that happen on
attorney’s mal practice, thus people need to well understand and choose a right attorney whenever they need to hire one for the
legal case they are facing. It is important to remember that your attorney did not commit malpractice simply because your case
did not turn out the way you had hoped it would have. Instead, legal malpractice only occurs when an attorney takes an action
or fails to take an action that another reasonable attorney would or would not have done in the same circumstances. There are
some types of malpractice, they are : 1. Negligence - an attorney failed to use the proper care in his or her representation of a
client and thereby made mistakes that other attorneys of similar training, skill, and experience would not have made under the
same circumstances. 2. Breach of duties - settling a case without the client’s approval, lying to the client, abandoning the
client’s case, or misusing the client’s funds. 3. Breach of contract - an attorney may commit malpractice if he or she fails to
fulfill some contractual obligation or promise to a client. A malpractice lawsuit is complicated and time-consuming,
and even if you feel that you were wronged by your attorney, your attorney may be found to not have committed
malpractice.

D) What is the best title that suit for that of article content?
An understanding of attorney’s malpractice to avoid from happening

2. Jawab pertanyaan berikut atas hasil scanning naskah bacaan:

A) When could the clients use hire the attorney?

A person could hire an attorney when she/he is facing a legal matter.
B) What kind of law does the article tell about?
Legal terms about attorney and malpractic
C) How could the client avoid the attorney’s malpractice?
By doing an extensive research on malpractice and making sure that the attorney we choose has a great experience.
D) What are the principle differences among the types of attorney malpractice?
Neglience tend to happen when an attorney failed to use the proper care in his or her representation of a client and
thereby made mistakes that other attorneys of similar training, skill, and experience would not have made under the
same circumstances while breach of duties happens An attorney may commit malpractice when he or she violates
duties owed to the client -- for example, settling a case without the client’s approval, lying to the client, abandoning
the client’s case, or misusing the client’s funds.
E) Whose morality the article is intending to inform?
The text above teaches us to be much more selective at finding a right attorney

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2 settling a case without the client’s approval, lying to the client, abandoning the client’s
case, or misusing the client’s funds.

settling a case without the client’s approval, lying to the client, abandoning the client’s
case, or misusing the client’s funds.

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Alternatives to Litigation

A malpractice lawsuit is complicated and time-consuming, and even if you feel that you were wronged by your
attorney, your attorney may be found to not have committed malpractice. However, if you have a dispute with your
lawyer over his or her performance, there are alternatives to litigation to settle your dispute:

- If you believe your attorney violated the rules of professional conduct, you can contact your state’s bar association
to file a complaint. The bar association will conduct an investigation and if it finds your attorney violated rules, it
can discipline your attorney.

-If you have a dispute over fees, your state has a fee dispute organization that can help you resolve your dispute out
of court.

-If you are dissatisfied with your attorney’s performance, you can retain a new attorney.

You can also hire an attorney to negotiate a settlement with your current attorney to help pay for any mistakes he or
she made.

Contact a Legal Malpractice Attorney for a Consultation About Your Legal Malpractice Case

Were you or a loved one harmed by an attorney’s malpractice? Then you need to talk to an experienced legal
malpractice lawyer as soon as possible for guidance on how to proceed.-

Source:
https://www.hg.org/legal-articles/can-you-sue-a-lawyer-for-malpractice-54517 Accessed:
Friday/1004/2020/19.41.

Pertanyaan:

3. Tunjukkan 5 penggal kalimat kekhasan karangan Bahasa Inggris Hukum

A) The bar association will conduct an investigation and if it finds your attorney violated rules, it can
discipline your attorney.
B) settling a case without the client’s approval, lying to the client, abandoning the client’s case, or
misusing the client’s funds.
C) If the attorney doesn’t do something he or she was contractually obligated to do for the
client, the client may have a breach of contract claim.
D) A malpractice lawsuit is complicated and time-consuming, and even if you feel that you
were wronged by your attorney, your attorney may be found to not have committed
malpractice.
E) If you have a dispute over fees, your state has a fee dispute organization that can help you
resolve your dispute out of court.

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