Category: General LEGAL MALPRACTICE issues

The Statute of Limitations: Now you see it, now you don’t…

One of the first things I need to find out from a potential client is when the events took place. That is because virtually all potential litigation causes of action have a strict deadline for commencing litigation (the statute of

Litigation Rule # 3: Don’t wait until the last minute to serve a complaint…you never know what will happen.

Every lawsuit has to start somewhere.   One of the very first things that happens in the litigation process after a complaint is drafted is that a physical copy of the complaint must be properly served on the defendant. Without

Is an expert needed to prove a breach of fiduciary duty? It depends….

Although attorneys have a fiduciary duty toward their clients, most errors and omissions by attorneys do not rise to the level of a breach of fiduciary duty. How it that possible? Legal malpractice claims generally involve questions about the quality

You have a legal malpractice expert? Great …. but that’s still NOT good enough…

One of the reasons why legal malpractice cases are generally complex is because a client suing a lawyer needs to hire at least two lawyers, the one to bring the suit, and another lawyer from another firm to be the

SURPRISE ENDING: A court found that a particular legal malpractice plaintiff did not need an expert but only because the plaintiff spent seven years pursuing a legal malpractice case that he did not have….

I pointed out in an earlier post that legal malpractice plaintiffs almost always need to retain one or more experts to testify on their behalf. A failure to get an expert in a legal malpractice case is almost always a recipe for

May my negligent lawyer blame ME for his or her legal malpractice?

The short answer to the question is a qualified yes (at least in some states). While clients are not liable for legal malpractice, there are circumstances where the client may have done something or failed to do something that contributed

My attorney’s legal malpractice caused extreme stress, emotional upset, or worse: may I sue the attorney for punitive damages?

The most common purpose for suing someone, whether you are suing an attorney or someone else, is to be compensated for any and all financial losses you suffered. These kinds of damages are referred to as compensatory. To `give a simple example,

The most misunderstood part of a legal malpractice lawsuit: the “suit within a suit” a/k/a the “case within a case”

Any time you hire a lawyer, there is at least the potential the lawyer will make a mistake. This is true whether the lawyer is representing you in a business transaction, a real estate matter, civil litigation, divorce, probate, or any

Legal Malpractice litigation: some of what you need to know BEFORE you decide whether to sue your lawyer

Legal malpractice plaintiffs should understand what they are getting into before they make a final decision to actually litigate a dispute with an attorney. I do this in part with my clients by explaining the “Big Litigation Picture”, which includes five phases

Does the statute of limitations for legal malpractice place clients at an unfair disadvantage?

What should be the easiest question to answer– what is the statute of limitations for a cause of action– is often a complicated mess. It is surprising how many cases rise or fall on a determination of what the statute

Can you collect legal fees as part of legal malpractice damages if you win your case?

Whether your legal malpractice case is being handled on a hourly basis, flat fee, partial contingency, or full contingency, an important potential source of damages are the legal fees you incur to pursue the malpractice case. However, there is something

When is a legal malpractice expert not an expert, and why should I care?

One of the reasons legal malpractice cases are usually extremely complicated is that the new attorney you hire to sue your former attorney almost always needs to retain one or more experts to establish that your former attorney fell below

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