When Does a Lawyer’s Failure to Know or Apply the Law Constitute Legal Malpractice

A lawyer’s failure to know or apply the law can amount to legal malpractice when the lawyer’s failure is either procedural or substantive. A failure to know or apply procedural law is based on how a lawyer should pursue the client’s claim. A lawyer’s failure to know or apply substantive law—the specific legal criteria for establishing or defending a particular claim—is based on what claims or … [Read more...]

How Can I Preserve a Potential Legal Malpractice Case When I’m Not Sure Whether I Have a Viable Claim, or How Much My Damages Are?

As you probably know, there are time limits for filing lawsuits against people, businesses, and government entities that have caused injury or financial losses to others. These time limits—called statutes of limitations—have been established by state and federal legislatures. Once the statute of limitations for a particular claim has run out, your right to pursue your claim terminates. Statutes … [Read more...]

A Lawyer’s Responsibility to Communicate Mistakes to Clients

Don't be left in the dark: Your lawyer has a duty to let you know what's going on in your case - including whether the lawyer has made a mistake. Lawyers in every state have an ethical and professional duty to keep their clients informed about the cases and transactions they are handling for those clients. When the client has the right to make a decision—whether to file a lawsuit, whether to … [Read more...]

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...]

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