William F. McMurry Blog
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.
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 . . .
Ineffective Assistance of Counsel Vs. Legal Malpractice: What’s the Difference?
Lawyers hold a special place in our society. They are seen by many as knowledgeable, admirable, and capable of protecting our rights when it matters most. When faced with a dilemma, many of us look to lawyers to pursue justice on our behalf. Unfortunately, not all lawyers live up to the idealized standard that has been promulgated . . .