LEGAL MALPRACTICE

Just as with doctors and hospitals, lawyers can commit malpractice. Attorney Ethan Vessels has experience handling legal malpractice claims.  A lawyer’s error can cause major financial harm to clients.  Common areas of malpractice include:

• Failing to file a lawsuit before the statute of limitations expires.
• Failing to file an appeal.
• Failing to perfect a security interest or UCC lien.
• Errors in drafting real estate or oil and gas documents.
• Neglecting an entrusted legal matter.
• Failing to diligently prosecute a matter in litigation.
• Representing a client when a conflict of interest exists.
• Theft of client funds.

In proving a legal malpractice case, the client must first prove that the lawyer’s conduct fell below the “standard of care”—that is the level of care expected of a competent attorney.  Remember, lawyers sometimes lose cases.   In fact, absent a settlement, every case has a winner and loser.  This does not mean the lawyer was negligent. The client must also prove that the lawyer’s error caused damage.  Generally, the client must be able to prove that “but for” the lawyer’s neglect or mistake, the client would not have suffered the harm.  Often this entails proving “the case within the case.” Finally, the client must have significant damages. Legal malpractice cases are expensive and time-consuming.  In order to justify prosecuting a case for legal malpractice, there must be substantial financial damage. You must act quickly. Legal malpractice claims have only a one-year statute of limitations, generally running from the date that the malpractice was discovered, or should have been discovered.  There is also a four-year statute of repose, running from the date of the lawyer’s mistake regardless of when the mistake was discovered.