Often, the lawyer does not understand his/her role in assisting the client in receiving the specialized healthcare needed to diagnose and treat the client’s injuries. Car wrecks often cause “soft tissue” injuries without the breaking of bones and joints. Many of...
Liability Law
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.
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.
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.
Zoom for Lawyers – The Risks and Benefits of Legal Video Conferencing
While COVID-19 requires lawyers to become creative in our effort to move our clients cases along, in keeping with our ethical duty to zealously represent our clients, it is critical to remember that such conversations may not be considered “confidential.” When we speak with a client or a client’s agent, such as a consulting expert, those conversations are considered confidential and protected from disclosure to our adversaries . . .
Legal Malpractice Thoughts for 2020
Since 2011, the number of claims against lawyers which resolved by the accused lawyer’s paying the aggrieved client in the range of between $1 million and $5 million has increased by 940%.
High-Speed Police Car Chases Wreck Cars and Lives
In 2008 I represented the family of three brothers who were tragically killed in a high speed police chase returning home from a Christmas pageant. The wreck resulted in four young boys losing their lives. While the Louisville Metro PD (LMPD) had recently established a stricter policy regarding the protocol used in high speed police car chases, I was able to show that they did not follow the “new” safer policy and won the case.
“Forces of opposition, bow down;” reads ad by Remmington gun manufacturers – Aug 1, 2019
This ad slogan was the basis for Connecticut Supreme Court's holding in March 2019 that Remmington violated the laws against unfair trade practices for knowingly marketing the AR-15 to civilians for use in military-style combat. While we wait for Congress to take...
Louisville Metro Police Department changes policy on high-speed police car chases – A terrible idea
No longer will the police have to justify high-speed police chases with the reasonable belief that the driver is suspected to have committed a “violent crime.” Today, the mere fact that a car is reported as stolen will justify a high-speed chase down Louisville city streets, putting countless other motorists and pedestrians at great risk of death.