Why you Need an Expert for your Legal Malpractice Case in Ohio

Who Can Explain the Duties My Lawyer Owed to Me (And Prove My Lawyer Breached Those Duties)? If you believe that a former lawyer mishandled a court case or transaction while representing you, you may have a legal malpractice claim against the lawyer. To establish legal malpractice, you must show all of the following: The existence of an attorney-client relationship, giving rise to a duty … [Read more...]

The Statute of Limitations for A Legal Malpractice Claim in Ohio

If My Lawyer Mishandled My Case or Transaction, How Much Time Do I Have To File a Legal Malpractice Suit? As many people are aware, there are time limits for suing people, businesses or government entities who have caused injury or financial losses. The time limits, known as statutes of limitations, vary based on the nature of the case. A simple search of a legal database will yield thousands of … [Read more...]

The “Case Within a Case” Doctrine: When it Comes to Legal Malpractice, Two Cases Aren’t Better Than One

If a lawyer agreed to perform a service for you—whether by preparing documents such as a will or power of attorney, by representing you in a court case, or by handling a transaction such as a real estate transfer or the purchase and sale of a business—the lawyer owed you a duty to act in a competent, professional manner. If the lawyer failed to perform the agreed services, or failed to do so with … [Read more...]

A Legal Dilemma: When You Need a Lawyer to Sue a Lawyer

When most people hear the term “malpractice,” they may initially think of a doctor being sued for an alleged error in some form of medical treatment. However, many cases are brought against members of other professions governed by professional standards— pharmacists, accountants, architects, dentists, and quite often, lawyers. Unfortunately, lawyers sometimes fail to fulfill their duties to … [Read more...]

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...]