Legality and Morality

The question of legality vs. morality and what is ‘fair’ always sparks debate. While the law tries to mirror society’s sense of morality, in some cases, it completely misses the mark. One of the starkest examples of the contrast between legality and morality is something that has plagued this country’s history for over a century: slavery. For around 245 years, it was legal to own slaves in the … [Read more...]

The Basis and The Basics of an Ohio Legal Malpractice Case

If you are unsure whether you have been the victim of legal malpractice, you definitely owe it to yourself to have a qualified attorney examine the facts of your case. Just because your case had a bad outcome doesn’t necessarily mean the attorney handling the issue malpracticed. On the other hand, your suspicions may be correct. Furthermore, although you may find detailed information concerning … [Read more...]

Legal Malpractice Cases Are Increasing But Statute of Limitations Is Brief

Thousands of people in the United States claim to be injured each year by legal malpractice. Yet according to the American Bar Association, a low percentage of these victims ever receive a judgment or settlement. Why is this happening when the bar association also reveals that the number of legal malpractice cases is climbing? One important thing to do if you are filing a legal malpractice … [Read more...]

Do Unfavorable Outcomes in Divorce Cases Constitute Valid Legal Malpractice Cases?

The American Bar Association Professional Services Liability section released a report on “settle and sue” legal malpractice cases in 2010 which found that the most common legal malpractice cases do not stem from the results of a trial but from divorce cases that have been settled between the couple. The client, having agreed to a settlement, has second thoughts about having listened to their … [Read more...]

Fiduciary Duty in a Legal Malpractice Case

What is breach of fiduciary duty? A person who has a fiduciary duty to another is called the “fiduciary” and the person to whom the duty is owed is typically called the “principal” or the “beneficiary.” Attorneys who are in an attorney-client relationship have “a fiduciary duty” to the client. When an attorney acts in his or her own interest subordinating the client’s interest and causing an … [Read more...]

Legal Malpractice – When It’s Your Lawyer’s Fault and When It’s Not

Something went wrong with your legal case. You had hired an attorney whom your friend called “a good lawyer,” but things did not turn out as you had planned. Needless to say, you lost. You cannot quite put your finger on what happened, but you are wondering, was my lawyer guilty of legal malpractice? Legal malpractice occurs when a lawyer has damaged his or her client by negligent action or … [Read more...]

Legal Malpractice is The Only Cause of Action Against an Attorney

There is only one cause of action possible against an attorney. It is for legal malpractice. Breach of contract or unjust enrichment claims are subsumed under a legal malpractice complaint and cannot be possible actions against the attorney. As stated in Richardson v. Doe, 176 Ohio St. 370 (1964), “An action against one’s attorney for damages resulting from the manner in which the attorney … [Read more...]