Questions About Legal Malpractice

Below are the most common questions about legal malpractice people ask us.Every case is unique and the details associated with every situation are different. Therefore, we offer a free consultation to discuss what happened to you. This will provide you with feedback you need to decide whether or not you have a legal malpractice claim that can be pursued.

What is legal malpractice?

When an attorney does something that is professionally wrong and causes you a provable financial loss. For example:

  • Not filing a case on time.
  • Not presenting the correct legal information.
  • Not presenting your case correctly.

How long do I have to bring a legal malpractice claim?

One year from the date the attorney stopped representing you or one year from the date you should have discovered the mistake. The latter can sometimes extend the time period to bring a claim against your attorney.

What if my attorney did not keep me informed?

Unless this resulted in an outcome in your case that would have been different, it is not a legal malpractice claim that could be successful. You do have a right to bring the matter to the Disciplinary Council of the Ohio Supreme Court. An investigation would be done and the attorney could be disciplined to the extent the investigative body suggests and which the Court approves.

What is provable financial loss?

You need to prove there was financial loss because of a lawyer’s mistake. In court there are standards that must be met to prove a case. There cannot simply be an assumption the outcome would have been different. There needs to be proof it would been different. This is very technical and needs an experienced Ohio legal malpractice attorney to analyze the facts and make an evaluation of the situation to determine if there was a provable financial loss.

Should I bring a claim against the attorney?

This is a personal choice but discussing it with an experienced legal malpractice attorney will help you make that decision. You will gain an understanding of what your chances of success are and what you can expect if you take the next step.

Can I file a legal malpractice case and also file a separate disciplinary complaint against the attorney?

Yes, one has absolutely nothing to do with the other. Legal malpractice cases filed in court are different from complaints filed with the Disciplinary Council.

Does it cost me anything to discuss my legal malpractice questions with an experienced attorney?

No, we offer free consultations so you can discuss the details of your case. If you decide to move forward and we accept your case, it will be done on contingency fee basis. This means we take a part of the award or settlement that is obtained on your behalf. If there is no recovery, you won’t owe us any fee.

If I call an attorney will that call be kept confidential?

Yes, we cannot and will not discuss your legal matter with the attorney you are thinking of making a legal malpractice claim against. We adhere to the highest of ethical standards.

If my claim is not a big one should I call?

Yes, there is no cost in calling and talking to us. This will give you piece of mind knowing whether or not you have a valid claim.

How do I know if I can trust another attorney?

This may be hard, especially if you just had a bad experience with an attorney. However, not all attorneys are the same. We adhere to the high level of standards and professionalism that are expected from lawyers. Legal malpractice claims can be complicated and you will need the assistance from a lawyer. Hopefully, talking to us will restore your confidence.

Get the answers to your specific legal malpractice questions by contacting us for a free consultation.


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