Legal Malpractice Legal Questions

  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

Your example does suggest overreaching by the billing attorney.  Negotiating a reasonable billing may be your best approach.  Using the hourly rate provided in your written fee agreement, and the bill presented by the attorney to identify actual hours of productive work to calculate the resulting fee.  Pay that amount with a cover letter explaining the basis for your payment amount.  If your attorney continues to assert a claim for the total inflated billing, you respond that you believe the billing is excessive to the point of violating the rules of professional conduct.  You may then consider either a legal malpractice claim or a grievance with the Colorado Supreme Court disciplinary council.... 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