North Carolina Legal Malpractice Legal Questions

Let me start by saying that I'm sorry to hear what is happened to you. Unfortunately while the North Carolina State Bar does set a high ethical standard to those who are granted the privilege to practice, not all attorneys choose to abide by these standards. The North Carolina Rules of Professional Conduct , Rule 1.19 is captioned "sexual relations with clients prohibited" if states that a lawyer shall not have sexual relations with the current client of the lawyer. The only exception is if a consensual sexual relationship existed between the lawyer and the client before the legal representation commenced. A complaint to the North Carolina State Bar will result in an investigation and possible sanctions including censure, reprimand or even disbarment of the attorney. A claim for damages that would need to be brought in the form of a lawsuit in civil court. In order to recover compensation you would need not only to show that the attorney violated the law, but that you were damaged as a result.  Whereas the State Bar inquiry would not be focused upon who pursued who or to what extent consent was voluntary, these issues would be relevant I believe in the civil case. In my prior experience in dealing with cases such as this, there is often a great divergence between what the participants feel are the "facts". I would recommend keeping all correspondence e-mails text messages and any documentation that you feel supports your claim. If the attorney has malpractice insurance it is likely through Lawyers Mutual. They will defend the attorney and pay the claim if necessary. If for some reason the attorney does not have malpractice insurance, there may be an issue insofar as collecting any judgment from him.  Keep in mind, that the statue limitations pursuing a legal malpractice cases generally three years. If you are interested in pursuing the legal action you should do so as soon as practical.  ... Read More

You could probably sue him - it is clear from your description that he dropped the ball.  The questions are - how badly were you hurt, and do you think it is worth suing your attorney?  You should talk with another attorney, at a minimum, to get a feel for your options.   Good luck going forward.  -Jay Mills     James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read More

A deep venous thrombosis can be caused by a number of factors. Slowed blood flow, damage to the blood vessels or inherited factors all can cause DVT's. From your description, it it appears that the DVT may have developed at the puncture site. This is a inherent risk. there may be some issue as to whether or not your doctor should have identified this sooner , but given the fact that you are now receiving appropriate treatment, it is questionable whether any delay would amount to actionable malpractice.... Read More

If your attorney made an appearance on your behalf, then your attorney is the "attorney of record" in your case and all correspondence would be sent to him or her. once the attorney has made an appearance, in order to withdraw it would be necessary to file a motion to withdraw and notice all parties. An order allowing your attorney to withdraw would have been signed by the judge and all further correspondence would have then been directed to either you or your new attorney. The first thing that would need to be done to determine whether or not legal malpractice occurred is to obtain a complete copy of your court file... Read More

You could have a claim for legal malpractice.  You need to speak with a litigator with some experience in this area in order to make a final determination.  You also may want to report your lawyer to the North Carolina Bar.  I am sorry to hear that your experience with this lawyer was so bad.  Good luck going forward.... Read More

This seems like a medical malpractice inquiry and not legal malpractice.  To answer your question - if you can prove that the original doctor committed malpractice, and that malpractice caused you to suffer additional injuries (or not heal appropriately), you could have a claim for medical malpractice.  However, you will need another doctor to render that opinion.  Medical malpractice claims are difficult to win, particularly in North Carolina.... Read More