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Legal Malpractice Archives

Woman hit by lawyer's flung pasta wins over $102,000

Today's post is not technically about legal malpractice but it could still be instructive for lawyers and their clients. A Connecticut woman sued an attorney for $85,000 after she was hit by pasta an attorney had flung during an argument with another man. The pasta, covered in a spicy sauce, struck the woman in the face and eyes, causing her to trip, fall and seriously injure herself.

BigLaw attorney disbarred for collecting outside client fees

Can an attorney be disbarred for handling outside cases when employed by a law firm? It depends on what their employment contract with the law firm says, according to the Washington Supreme Court and that state bar's Office of Disciplinary Counsel. And, if that employment contract prohibits the lawyer from handling outside cases, accepting fees for those cases constitutes theft.

What constitutes legal malpractice in Pennsylvania?

Broadly, legal malpractice occurs when your lawyer failed to perform in accordance with accepted legal standards and that failure caused you a financial loss. It's not legal malpractice simply to lose a case or even to make a major mistake. Not every bad outcome is the result of malpractice.

If You are an Attorney Accused of Stealing Funds

When you are practicing law here in Pennsylvania, it is critical that you correctly and ethically manage your own financial accounts as well as those of your clients. This includes how you handle paying bills for your firm as well as those that are entrusted to you. In addition to the management of those accounts, clear transparent records are essential in case your actions are called into question.

Does Your Lawyer Have Conflicting Interests In Your Case?

An attorney has an ethical obligation to his or her client to represent his or her interests, and zealously defend their legal rights. Part of the many obligations that comes with practicing law are limits on potential conflicts of interests. Your attorney should be focused on you only, not taking your case or working on it in a way that helps others or in a way that improperly enriches him or herself.

Stages of the Attorney Disciplinary Process

There's a process that covers the possible discipline of attorneys in Pennsylvania because they broke ethical rules of professional conduct. Given that attorneys are the ones possibly being disciplined it should come as no surprise the process is not simple. There are also opportunities for the attorney to appeal disciplinary decisions. This process is to possibly subject the attorney to professional discipline up to disbarment. It's not a legal malpractice lawsuit or trial.

What Happens When a Client Disputes My Attorney's Fees?

If your client has a problem with the fees you are charging or is demanding financial compensation from you, this matter should be taken very seriously. How to approach the way you should be compensated can make the difference between finding a solution and having a complaint filed against you or you could wind up in court. There are different ways to approach the problem. We are here to help you with this situation and can sit with you behind the scenes to work this out, and also represent you should the need arises.

Defending Yourself in a Legal Malpractice Claim

If you are an attorney facing a possible malpractice claim it may come in several forms. A potential plaintiff, depending on the facts of the situation, may try several different legal claims to improve the chances of success so these types of cases are not normally cut and dry.

How Do I Choose an Attorney to Help Me With a Legal Malpractice Claim?

Just like everyone else attorneys can be sued, sometimes by their own former clients. These cases cover negligence by the attorney, a breach of fiduciary duty owed to the client or a breach of contract with the client. Like any other kind of lawsuit you should find the right attorney for this type of case who you have confidence in and who you feel comfortable with handling your case.

Failure to know or apply the law

Failure to know or apply the law is, according to the American Bar Association, the leading type of alleged error in legal malpractice claims. When you retain an attorney, you expect that attorney to have a knowledge of the law that goes well beyond what the average person would be expected to have. Because an attorney represents you, if he or she lacks relevant legal knowledge or fails to apply the law in a way that furthers your interests, then that attorney may have engaged in legal malpractice. Below is a brief look at what failure to know/apply the law consists of.

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