William F. McMurry Blog


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.

My Lawyer Pressured Me To Settle. Is This Legal Malpractice?

What happens if your attorney encourages you to settle even though you may have a good chance winning at trial and securing a large payout? If your attorney knowingly misrepresents the strength of your case or fraudulently induces you to settle, then you could potentially file a legal malpractice claim against them.

My Attorney Missed A Deadline On My Case. Is This Legal Malpractice?

Hiring an attorney to represent you in a legal matter means that a trained professional will be steering the ship that is your case. But what happens if the captain of that ship is asleep at the wheel? If your attorney misses a deadline, then you might lose your case. Fortunately, in that situation, you may be entitled to compensation by virtue of a legal malpractice claim. Here’s more on how missed deadlines can result in a legal malpractice claim, and what you can do if your attorney’s incompetence results in financial harm to you

Legal Malpractice: Did My Lawyer Have a Conflict of Interest?

It is widely understood that lawyers represent many different clients from all walks of life. However, as much as a lawyer might like, they can’t represent everyone. What you may not know is that the law has strict guidelines that lawyers must follow when deciding who they can represent – and lawyers who don’t abide by those guidelines face serious consequences . . .

Legal Malpractice in Criminal Law: Standards for Proving Innocence

Consider that you have been wrongfully charged with a criminal offense. You hire an attorney and the case ultimately goes to trial. Due to your lawyer’s incompetence, you are found guilty and convicted. You hire a new lawyer, and on appeal, your conviction is thrown out. Because of all the turmoil caused by your criminal case, you now sue your initial lawyer for legal malpractice . . .

How Legal Malpractice Claims Work

How Do Legal Malpractice Claims Work?

In bringing a claim for legal malpractice (professional liability), you have to show that your attorney was negligent in the handling of your case. There are a few basic components to take into account. First, you have to show that your attorney owed you a duty of care. This is often reflected by your representation or engagement agreement. However, it could also be evidenced through an implied promise such as your attorney verbally agreeing to perform a legal service that was not specified in your legal agreement.

Suing Your Attorney For Legal Malpractice

It is not beyond the realm of possibility that your attorney was negligent when representing you in your legal matter. Although attorneys are supposed to adhere to strict ethical standards while protecting the rights of their clients, in reality, some attorneys fall short – way short – in providing effective legal services. This could cause you to permanently lose your case, your money, and even your rights. Notably, a recent legal drama summarized below highlights incidents of potential attorney malpractice where clients alleged that their attorneys’ litigation antics cost them millions. Here’s more on what led to that tragedy and what you can do if you are a victim of legal malpractice.

Boy Scout Abuse Victims Please Take Notice

Time is running out to bring your claim for compensation against the BSA

Survivors of all types of abuse, committed by scout leaders, counselors and fellow scouts have until 5 p.m. Nov. 16, 2020 to file a claim for compensation  against the Boy Scouts of America to be eligible for compensation through the organization’s bankruptcy proceedings.

If you are a survivor of abuse you must file your claim before by 5 p.m. November 16, 2020 or you will be barred from filing suit against the national organization in the future.