William F. McMurry Blog

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Lawyer Mistakes Adding Up to Legal Malpractice in Car Accident Cases

As this calendar year is nearly over, I would like to reflect on the legal malpractice committed by lawyers in their handling of car wreck cases.  For those consumers of legal services who are unaware, not every lawyer is competent to handle car accident cases, and many who advertise for car accident cases are unqualified to handle the complex car insurance issues at the heart of every car wreck case.

Legal Malpractice And The Attorney-Client Relationship

When you enter into a representation agreement with an attorney for that attorney to represent you, you have entered an attorney-client relationship. Even if there is no formal written retainer agreement between you and the attorney, the court may still find you formed an attorney-client relationship. In cases where these relationships are formed, the attorney must not enter into other agreements or take actions that harm your interest. If they do, you might have a case for legal malpractice against them.

Legal Malpractice and Duty: Disability Disclosures

When an attorney represents you in a case, they have duties to you as a client. These duties are things that an attorney must do or not do while representing you. One of these duties is the duty to disclose or inform the court of their client’s potential disability. In Kentucky, it can matter that an attorney discloses their client’s disability because their failure to do so can harm their client.

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 . . .