Actual Innocence And Legal Malpractice

Actual innocence is an element of a legal malpractice case that anyone who is bringing a case against their lawyer in a criminal case must prove. The “Actual Innocence Rule” requires that you must prove you are “actually innocent” of the criminal charges and that, because of the attorney’s malpractice, you were wrongfully convicted. While some have criticized this rule, the actual innocence rule remains the majority rule in Kentucky and the majority of the United States.

When Does The Clock Start Ticking On Kentucky Legal Malpractice Claims?

In any jurisdiction, a legal malpractice claim generally has the same elements that must be met for a claim to be successful: (1) the existence of an attorney-client relationship; (2) that the attorney’s actions fell below a certain standard of care; and (3) that the attorney’s actions caused the damages the client suffered. Critically, you do not have an eternity to bring the claim against the attorney who wronged you. Each state has its own set deadline for how long before the opportunity to bring a legal malpractice claim expires. This deadline is known as the Statute of Limitations . . .

Can I Get Punitive Damages For My KY Legal Malpractice Claim?

So, you have filed a malpractice suit against your lawyer. Now what? Your attorney was deemed negligent. Maybe they will be required to pay a fine to the bar association or maybe their license to practice law will be suspended. But what about you? You are the one who suffered. The law permits someone who sued their lawyer for legal malpractice to recover damages . . .

The Doctrine Of Continuous Representation – Can It Save My Claim?

You hire lawyers to help you through both good and difficult times. Whether you are buying your first house or a suspect in a police investigation, lawyers are there to be your guide and defender. But while they may be experts in their given fields, in the end, they are human – and humans can make mistakes. These mistakes can cost you both money, opportunity, and sometimes freedom. When these mistakes amount to negligence, the mistakes become legal malpractice. At this stage, it is important to know you can sue your lawyer for legal malpractice, and you may receive compensation for any damage incurred . . .

The 5 Most Common Legal Malpractice Claims

Your attorney should be the conduit between you and the legal system. Not only is your attorney obligated to be truthful, but they must also handle your case with your best interests in mind. Additionally, you attorney is required to represent you in a manner that meets a certain professional standard of care. What that means is that your attorney must be competent and prepared at a minimum. When your attorney acts in a negligent, unethical or fraudulent manner, you may be entitled to damages in a legal malpractice lawsuit. Here are the 5 most common legal malpractice scenarios to illustrate what your attorney can and cannot do when representing you.