LEGAL MALPRACTICE

It goes without saying, the laws and the legal systems in both Ohio and West Virginia are highly complex and constantly changing. It is easy for both people and businesses to get overwhelmed simply by trying to follow the law. It can be further daunting trying to figure out what to do if they need to take legal action or defend themselves when some type of legal claim is filed against them.

Both individual people and businesses hire attorneys to represent them because lawyers are expected to know the law, stay up to date with changes, and effectively navigate their clients through the legal system. Clients place an immense amount of trust with lawyers to handle matters that may have significant consequences for their lives or businesses. Fortunately, most lawyers are knowledgeable, skillful, and ethical professionals who take their oaths and fiduciary duties very seriously. However, lawyers are not perfect and can make mistakes or fail to take actions that directly result in great harm to their clients. When this happens, the client may become the victim of legal malpractice.

Attorney Ethan Vessels handles legal malpractice cases in Ohio and West Virginia. If you have been represented by an attorney in either of these two states who you believe may have committed legal malpractice, please contact Ethan Vessels for a free, no obligation consultation. He can be reached by calling 740-374-5346 or sending a message here from this website. 

What Is Legal Malpractice?

Legal malpractice occurs when a lawyer damages a client by a negligent action or lack of action either financially or by impairing a client’s right. A lawyer is required to exercise at least the same degree of care, skill, and diligence that an attorney of ordinary skill and knowledge would exercise in any area of law. If the attorney does not exercise that required level of care, the lawyer may have committed legal malpractice.

The following is a sample list of the types of actions or lack of actions that may result in legal malpractice:

• Failure to know, research, or apply the law to the facts of the case.

• Failure to file legal documents correctly or serve required papers.

• Failure to file lawsuits in a timely manner.

• Failure to sue all parties from whom the client may recover damages.

• Failure to respond to motions.

• Missing statute of limitations deadlines.

• Failure to attend court dates and hearings.

• Failure to comply with court orders or court imposed deadlines.

• Representing a client when a conflict of interest exists.

• Settling or ending a case without a client’s permission.

• Failure to inform the client of any proposed or potential settlement in a civil case or a proposed plea bargain in a criminal case, and to advise the client of the pros and cons.

• Failure to file an appeal.

• Failing to perfect a security interest or UCC lien.

• Advising a client to accept a clearly inadequate settlement.

• Committing fraud or perjury.

• Theft of client funds.

• Errors in drafting real estate or oil and gas documents.

• Neglecting an entrusted legal matter.

• Failing to diligently prosecute a matter in litigation.

• Failure to thoroughly investigate the evidence pertaining to the client’s case or to hire the proper experts.

• Failure to develop and implement a viable case strategy or to properly present the client’s case at trial.

• Other types of ethical violations



Proving Legal Malpractice

Typically, someone who is suing an attorney for legal malpractice must demonstrate that the outcome of their case would have been different if there would not have been misconduct by the lawyer. For example, if a lawyer fails to inform the client of a proposed settlement in a case, the client must prove the lawyer’s negligence caused the client to miss an opportunity to obtain a more favorable outcome. If the outcome of the case would have been the same despite the lawyer’s actions, or it cannot be proved that it would have been different, then legal malpractice probably has not taken place.

A legal malpractice case consists of establishing three key components:

• An attorney-client relationship did exist, and a duty was owed by the lawyer to the client.

• The lawyer breached the duty owed to client.

• The client suffered harm because of the lawyer’s breach.

The client must show that the lawyer did not act in the way a lawyer of ordinary skill and diligence would have acted in similar circumstances, which resulted in provable harm that can be shown as either a financial loss for the client or the loss of a client’s important right.



Ohio Statute of Limitations for Legal Malpractice Cases

In Ohio, it is important to act quickly if you want to pursue a legal malpractice case. The statute of limitations is only one year. This means you cannot file a malpractice claim against an attorney more than one year after the date of the incident for which you are claiming legal malpractice occurred or one year from the date of your last relationship with the attorney. 



West Virginia Statute of Limitations for Legal Malpractice Cases

In West Virginia, the statute of limitations could be either two or five years depending on the attorney’s specific negligent action or lack of action. In cases where a lawyer causes loss to a client by failing to exercise the knowledge, skill, and ability ordinarily exercised by members of the legal profession, the attorney may have committed legal malpractice to which the tort statute of limitations applies. If the attorney makes a specific promise to perform a specific act or achieve a specific result, and then fails to do so, the resulting claim can also be characterized as a contract claim and the contract statute of limitations will apply.

In both the states of Ohio and West Virginia, there are a lot of variables and exceptions that must be considered to accurately determine when the statute of limitations clock starts running. It is best to consult with an attorney to make that determination. 



Why Legal Malpractice Cases Are Often Referred to Ethan Vessels

When a client thinks their attorney may have committed legal malpractice, that client may have reservations about placing their trust and confidence with another attorney, or question whether another attorney will aggressively pursue actions against another. These are the times when people turn to Attorney Ethan Vessels for help.

For more than sixteen years, people in Ohio and West Virginia have been contacting Ethan Vessels after becoming confused and bewildered as to why their case was suddenly dismissed or why they received no settlement or verdict in a case they thought they should have won, leaving them with significant financial burdens. It is not easy proving that an attorney has acted in a negligent manner. That’s why an attorney with Ethan’s experience, reputation, and resources is needed.

Ethan is a proven attorney who adheres to the highest ethical and professional standards. His focus is representing those who have been injured by the negligent actions of others, including other attorneys. Lawyers must meet the basic standards in their practice of the law and can be made to pay if they fail to live up to those standards.

If you believe that you have become the victim of legal malpractice, please contact Ethan Vessels for a free, no obligation consultation. He will answer all your questions and provide you with the feedback you need to decide whether you should pursue a legal malpractice claim. The meeting and its details will be kept strictly confidential.

When he accepts legal malpractice cases in either Ohio or West Virginia, he typically works on a contingent fee basis, which means there is no fee for his legal services until and unless a settlement or verdict is reached.