Every state has a bar association. The state tasks this group of legal professionals with monitoring those who practice within the profession. This group can issue penalties if lawyers violate the rules of their profession and, in some instances, even prohibit an...
Are legal malpractice claims on the rise?
A recent study by insurance broker Ames & Gough found legal malpractice claims continued to rise in 2020. The group has conducted surveys to gather information about legal malpractice claims for the last ten years, and states that claims with multi-million-dollar...
Legal malpractice, negligence, breach of contract and tolling
There are a variety of reasons that can lead to a legal malpractice claim. Two common examples include negligent legal representation and breach of contract. Although both can result in serious economic damages, the victim must file a claim before a given time period....
4 practice areas most prone to legal malpractice
Do you know if your attorney has legal malpractice insurance? Hopefully, it’s not an issue. You would much rather see your attorney succeed than sue him or her down the road. However, the insurance is more of an issue in some practice areas than in others. According...
Here’s how the standards of proof may change
If an attorney’s negligence or bad actions cause you harm, you might want to sue for legal malpractice. That’s understandable. In certain cases, such as with personal injury or business cases, such malpractice could easily cost you tens of thousands or hundreds of...
What makes an attorney competent to handle a case?
When an attorney passes the bar exam, they are licensed to practice law. There is no separate license or test for a lawyer to handle estate planning or criminal defense matters. However, certain areas of legal practice do allow for board-certified specialization....
Can I go into business with my attorney?
Creative entrepreneurs are always on the lookout for new opportunities. There’s good money in matching the right business opportunity to the right business model—and talent. It pays to assemble a talented team, but you might want to think twice before making your...
Does your attorney’s dishonesty qualify as legal malpractice?
When you hired an attorney to represent you, you likely assumed that they would fulfill their duties with honesty and integrity. Yet, you might have discovered that your attorney lied to you – or in the courtroom – at various points throughout your case. If your...
How might my former attorney fight a malpractice claim?
If an attorney’s substandard performance hurt your legal case and caused you real damage, you may have a malpractice claim. But having a claim isn’t the only factor you’ll want to consider when you decide whether to file. You’ll also want to consider the strength of...
What is the problem of collectibility?
Imagine your child makes a schoolyard bet and then decides not to pay up. What should you do? You might step in. If the bet was for a dollar or some other trivial amount, you could teach your child a lesson by making him or her pay. But if that schoolyard bet is for a...
