Legal Malpractice
Free Legal Malpractice Case Review
With all the types of malpractice suits about, people claim that the only ones who benefit are the lawyers. The fact is that lawyers run as high of a risk of a malpractice suit as any other profession. Between the years of 1995-1999 the amount of legal malpractice suits nearly doubled the purpose of this article is to answer some of the questions most commonly answered questions regarding legal malpractice lawsuits and help you to decide if you should pursue a claim.
What exactly is legal malpractice?
Legal malpractice exists in many forms. Some examples are illegal title searches in real estate transactions, charging excessive fees and or substandard performance. Conflict of interest is also a possibility. There are many other examples.
What do I have to do to claim legal malpractice?
The first thing that you need to do is to establish that an attorney client relationship existed between you and your lawyer. Once this has been established you need to present your case to a new attorney. They will need to prove that without the legal malpractice your case would have more than likely been won. They will see if your original attorney was negligent and if your case would have otherwise been successful. They are actually working two cases in a way.
What if I was forced to settle a case but didn't really want to?
You may have a case for legal malpractice. Your first case would have to be reviewed to see if any other attorneys would have made the same decision, if not then chances are you have a case. You may have had to settle for less money because your lawyer wasn't adequately prepared. This would constitute legal malpractice and you may be able to collect damages.
What if I am just not happy with the result of my case?
This may not necessarily be legal malpractice. You have to show you lost your case through negligence or incompetence. Just not likening the result is not sufficient enough grounds to bring a legal malpractice suit.
Lawyers now more than ever are being sued for legal malpractice. The amount of claims is ever increasing. Legal malpractice is far more common than most people would imagine, and our lawyers are ready to help you fight back against those who have wronged you. Contact us today.
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Comments on This Topic: There are 9 comments related to:
Legal Malpractice Topics News, Facts and Lawyers sued for malpractice..
| Crystal says: | 2006-10-19 15:32:11 |
| great legal malpractice information | |
| Linda OnderLinde says: | 2007-03-02 16:02:58 |
| I hired an atty for my son, last May. (I have POA as he is in jail). I was told the cost woudl be 3500.00-5000 and it wsa an easy divorce case(no kids). Thye have billed in eccess of 14K, and we have never been in court. We missed the divorce hearing as they fialed to tell us about it and the judge went ahead and orderd the divorce by default, and gave his wife everything. 2 brand new cars (one bought with 40K community funds, and the house. He lost 24K and we owe thousands in atty fees. I have diputed the bills numerous times and get told not to worry and much of it will be written off at conclusion of the case. Our Atty left the firm in Dec-we just found out. The law clerk charges 200.00HR even tho the contract has 100.00hr. They asked the court to set aside the minute entry giving the wife everything after I threatened to report him to the bar. Can I fire him and sue him? I was told by one atty that he wont take the case as it is not enough money in it. Do you know anyone in AZ who will help us? PLEASE?? Thanks you..Linda | |
| marion ariemma says: | 2007-07-09 05:25:16 |
| i hired an attorney to file bankruptcy for me i paid him in full he didnt file untill 1and ahalf latter after i had to chase him down when he filed by that time i had new debts which he did not include he filed wrong chapter which i found out later i was discharged asked if i could sell my house to pay off rest of my debt he said yes after 2 months on market trusste said i was selling illeagally no one till this day has been able to get ahold of him lost my house have handicapped roomate now homless plus much more8 | |
| Rosana Nelson says: | 2007-10-23 01:36:45 |
| Someone please help me! I was raped by my boss then fired when I refused to come in to work. I took the case to a lawyer who took it. We went to CHRO who then gave us the right of way for a civil suit. The defendant refused to show up for court appointments or to answer any briefs or motions. The Court issued a default judgement. I tried to contact my lawyer several times to no avail. I was told that the person working on my case had moved and would be reassigned. I never heard anything back. In April a judge dismissed the case because my lawyer failed to respond to the case. This man continues to harm other woman because he feels just like he said who are you going to tell. | |
| Rosana Nelson says: | 2007-10-23 01:42:36 |
| I was raped and fired by the owner of the company and told there was nothing I could do. I hired a lawyer and we went to CHRO. They gave us the permission to go to civil court. The case was found in default bacause the he refused to respond to the courts. My lawyer never contacted me with this information. While I made several atttempt to contact them. I was told the person working on the case had moved, and the case would be reassigned. I never heard anything again. The only thing i received from them were mailers introducing new attorneys to the firm. Please help me. | |
| G. W. W. says: | 2008-02-06 09:38:21 |
| I was a television producer and photojournalist in Central Illinois who was bitten by a poisonous spider while at work; the result was that I developed lymphedema in both legs. Even though my employment contract held a clause that said that the employer could compel us to perform other duties beyond our stated job descriptions (for example, groundskeeping duties, moving/removal of old furniture and garbage collection, all of which we had to do... a clause I refered to derisively as the KKK, or \'Kunta Kinte Klause\', as it effectively allowed the employer to have you do any thing he wanted) - Workman\'s Comp refused to pay for any medical care that could have prevented the condition from worsening on the grounds that \'even though the injury OCCURED on the job, it did not occur as a RESULT of my job\' (a direct quote). My condition grew so severe that I could no longer work, and a doctor certified that disability as such; I hired a lawyer to help in my WC case, but he did NOTHING! He refused to speak to a specialist in the case who had written the only book currently in release on the condition (which contained information that refuted the WC Attorney\'s claims), refused to enter the relevant entries from the book into evidence on the grounds that they were \'hearsay\' (to which the author of the book, a medical professional who I contacted, stated was totally inaccurate as the data in the book was based on sound and verifiable research), and deliberatly withheld from me the fact that the WC attorney has suddenly decided to switch cause of action to claim that I had a pre-existing condition. (By refusing to enter the excerpts into evidence, he also assisted the WC attorney, because one of the points stressed in the excerpts was that the claim the WC Attorney was making was not only very commonly made in such cases, but was absolutely and verifiably false. The WC attorney also wanted my to undergo an IME from an AIDS physician; my attorney then informed that if I didn\'t go, he would drop me as a client; later, he and the WC attorney were going top drop the case on the grounds that the IME had never been recieved by either of them - however, I had contacted the physician and had the materials sent to me, which I then presented to both attorneys, to their amazement. (This pattern was indicative of my attorney; every time the WC attorney came up with a new cause of action, my attorney would do nthing, and I would end up going out and doing the research to refute their new claims.) My attorney let the case drag on for five years in order to force me to accept a tiny settlement without any repayment of medical bills or medical treatment (the point that I had stressed from the beginning was important - medical care so that I could return to the workforce (In one instance, the assisting attorney asked me what I wanted, and when I said \'complete medical care for the next five years\', he said \'No, that\'s too much - they won\'t accept that.\" I then said I\'d accept my the equal of my salary over the time I\'ve been gone from work, because that would provide me medical care; he said that he\'d talk to them about that, but several weeks later, his firm sent another offer of $10K - no bills paid, no medical care. We finally went to court, and the Arbitrator ruled in their favor, also stating that the doctor who had xamined me had said that he has changed the medical report. My lawyer never bothered to respond to that accusation by producing the original report and showing that yes, the report was changed - but not to perpetuate a fraud by providing fradulent information beneficial to my case, but simply in the interest of brevity and clarity! (I have copies of both reports, which clearly state this.) Finally, my lawyer willfully and consistently refused to maintain clear lines of communication; there were many instances where I tried to either contact the firm by phone or actually went to the office, and was either refused to be seen or did not have my calls returned in a timely fashion, if at all. This was the crux behind how my case was dismissed; after the appeal hearing (in which they refused to introduce any of the information listed above, or other info that could have certainly led to a different judgement if they had been entered into evidence), my lawyer sent me a letter stating what happened, and also that I needed to contact him to let him know if I wanted to proceed with the case. (As we had been fighting this case for over six years, and I had repeatedly stated that I wanted to exhaust all avenues in this matter, this was disingenuous on his part). I did not recieve the letter until thirteen days paast the deadline; this was because, due to my condition, I had been hospitalized with severe infections in both legs. He never made any reasonable effort to contact me about the matter save that letter; even a single phone call before the deadline would have provided him with information on my condition and how to contact me, yet he simply chose to allow the case to be dismissed without acting in the reasonable manner upon my behalf that is to be expected by one\'s attorney. Because of his actions, I am in dire circumstances on many fronts, and I don\'t feel that it\'s appropriate that an attorney should be allowed to assist in bringing injury and suffering upon a client because he simply does not wish to perform the duties he was contracted to perform. If anyone out there knows of someone who can help resolve my situation, I would be grateful for any and all help that they could provide. | |
| Tammany Kladis says: | 2008-04-13 13:43:09 |
| Thank you for reading my email, My brother past away almost a year ago from Phenomena, 3 different types and on the death certificate says and AIDS. Although while in the hospital no one alerted us his hiv had turned.. this is aside the point My brother Kip went into the hospital a week prior complaining of pains in his chest and weakness in breathing... The hospital released him and stated it was a pulled muscle. Never did any xrays or anything else.. The next saturday he was admitted back into the hospital with the same symptoms with more intensity. Later he was on a ventilator, then . after this he stated causally that \"he will tap into his lungs to drain the fluids, his body has been under so much stress\" The dr was so non emotional.. Kip was breathing like a fish out of water.... Kip died that night! We are looking for a Malpractice Attorney that will work with us due to the fact kip had AIDS.. Would you please refer us to someone that will help us... Sincerly, Tammany Kladis | |
| Akra Tates says: | 2008-07-20 14:39:48 |
| I am looking for an attorney who will sue a attorney for unethical practices I guess you would say. On September 5, 2007, my ex-husband and his attorney went to court without my or my attorneys knowledge ( neither one of us had been served for this court date until Sept, 10, 2007); and as a result my daughter was taken away from her school without my knowledge and removed from my for 3 weeks. If there is anyone out there interested in hearing all of the legistics of my story please e-mail me. Calling all attorneys who are sick and tired of attorneys who are vultures. | |
| B.J.W. says: | 2008-08-10 12:47:44 |
| My daughter\'s divorce was recently finalized, but until it had reached the judge\'s opinion phase, she was not aware that her attorney had not filed the Findings of Fact nor the required tax computations that the court had requested. Also, the lawyer was negligient in filing properly to get back child support, so it was not awarded. In summary, due to her side not being presented properly, the judge ruled entirely in favor of the ex, giving him all 3 children for tax deductions, awarding her alimony and child support in the amounts the EX had proposed (offered) to give. Is there any reason to beleive he can be sued either for malpractice or for some kind of monetary award in small claims court? | |
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Has your attorney wronged you by being unprepared or conducted themselves poorly? You may have a case for legal malpractice. Contact us today for free case review.