Washington Legal Malpractice Legal Questions

If you can show (through the testimony of your other attorney) the first attorney's conduct was negligent and that negligence caused you monetary damages, you have grounds for a claim. You might also consider filing a complaint with the Washington State Bar Association. Here is a link that can guide you through the process: http://www.wsba.org/Licensing-and-Lawyer-Conduct/Discipline/File-a-Complaint-Against-a-Lawyer... Read More

Medical negligence cases are difficult and expensive to litigate. Further, an attorney takes a medical negligence case on a contingency fee basis. For these reasons, the case must be of sufficient value to warrant the time and expense of pursuing the case. It may be difficult to find an attorney who would take a medical negligence case when the damages are limited to the fear of hep B shot.... Read More

A person cannot sue an attorney for malpractice once the statute of limitations has run. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More

Filing a grievance with the WSBA does not toll (stop) the statute of limitations for a lawsuit against an attorney. An actual lawsuit would have to filed in order to toll the statute.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

  The rules of professional conduct (RPC) require an attorney to "explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation". A failure to inform a client as to the ramifications of a Chapter 13 Bankruptcy may give rise to legal action that would include a disgorgement of fees.   This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies. .... Read More

Legal malpractice is the failure of a lawyer to render competent professional service to a client. If the client is damaged as a result of the failure, he or she may have a claim against the lawyer for legal malpractice. There are three major theories of liability: Negligence Breach of fiduciary duty Breach of contact To win a legal malpractice case, you must prove four points: Your attorney owed you a duty to act properly Your attorney breached that duty by acting negligently, not following through with the agreement or possibly making mistakes which an average attorney would not have made. Your attorney's behavior caused you damage. This includes proving that the results of your case would have been different (for example, you would have won the case) had the attorney acted properly. You suffered a financial loss as a result of the behavior.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

In Washington State, the Statute of Limitations for legal malpractice cases is three years. In general, a client has three years from the date the legal malpractice occurs to file a lawsuit against the lawyer. The calculation of the Statute of Limitations is often much more complicated than simply adding three years to the date the malpractice occurred. For example, in many cases, the attorney continues to represent the client long after the malpractice occurs. In some cases, the attorney conceals the malpractice from the client. Often, the client will not learn of the malpractice until long after three years has elapsed. The law provides for additional time in some of these circumstances. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

Legal malpractice is the failure of a lawyer to render competent professional service to a client. If the client is damaged as a result of the failure, he or she may have a claim against the lawyer for legal malpractice. To win a legal malpractice case, you must prove four points: Your attorney owed you a duty to act properly Your attorney breached that duty by acting negligently, not following through with the agreement or possibly making mistakes which an average attorney would not have made. Your attorney's behavior caused you damage. This includes proving that the results of your case would have been different (for example, you would have won the case) had the attorney acted properly. You suffered a financial loss as a result of the behavior. In addition to a potential malpractice claim, a client may file a complaint against an attorney through the Washington State Bar Association. Instructions for filing a  complaint can be found here: http://www.wsba.org/Licensing-and-Lawyer-Conduct/Discipline/File-a-Complaint-Against-a-Lawyer  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More