Legal Malpractice

Legal malpractice unfortunately occurs all too often. Legal malpractice occurs when an attorney, while representing a client, acts or fails to act in a way that prejudices their client. This can occur in a variety of ways.

Failure to File Timely

• Attorneys must follow strict statute guidelines in order for their client to proceed with their claim. A common reason for legal malpractice is an attorney failing to comply with the requisite statute of limitations. If attorney has failed to file a claim within the three (3) year statute of limitations for personal injury actions or failed to file a notice of claim within ninety (90) days for a notice of claim, may have committed legal malpractice. Attorneys must also comply with Court deadlines in order to progress their client’s case or else may cause their client’s case to be dismissed. It is important that you contact an attorney who can evaluate your claim and provide you the proper representation.

Failure to include the necessary parties in a lawsuit

• It is the duty of an attorney to make sure they have all the necessary parties in their client’s lawsuit. By failing to include the necessary parties a client may be prejudiced by losing out on their ability to recover from that missing party. An attorney needs to do their due diligence to make sure they adequately represent their clients or else they may commit malpractice.

Violating an Ethical Rule

• Attorneys must follow certain guidelines in order to be compliant with ethical rules. Violations include but are not limited to making decisions without a client’s consent, violating attorney-client privilege, violating their fiduciary obligations, and engaging in fee disputes with their clients. These ethical violations may result in malpractice.

How long do I have to file a claim for legal malpractice?

Under the applicable statute an individual has three (3) years to bring an action for legal malpractice from the time the malpractice began. However, there are caveats if the attorney who committed the malpractice conceals the malpractice or further represents the client in the same matter that they committed the malpractice in. The statute of limitations in a legal malpractice action is a complicated matter and you should contact an attorney as soon as you become aware that your attorney has failed to act in your best interest.

It is important that you contact an aggressive and knowledgeable firm that will hold attorneys responsible for their malpractice. Baron Associates P.C. is an aggressive and knowledgeable firm that understands the ins and outs of legal malpractice.