An attorney or law firm can make a negligent mistake in almost any area of law if they breach their reasonable duty of care to their client. When legal malpractice occurs during litigation, the client can suffer severe losses, mostly financial. Depending on the nature...
Duty of Care
Legal malpractice: Expert testimony on a lawyer’s duty of care
We often write in this space about the required elements of a legal malpractice claim. Broadly, in an attorney-client relationship, the lawyer has a reasonable duty of care in the representation of the client. If legal counsel negligently breaches their duty of care...
Case-within-a-case: Did your lawyer mishandle your lawsuit?
For a legal dispute to make it to court, it is normally a major event to those involved on both sides of the conflict – whether plaintiff or defendant. So many factors influence the nature of what is at stake: Is the suit personal or commercial? Are the potential...
Missing a legal filing deadline may seem minor, but it could cost you
When you retain a lawyer to represent you in a lawsuit or other legal matter, you have the reasonable expectation that the attorney will protect your interests and carry out their professional responsibilities to you with due care. Certainly, you should not have to...
Can your lawyer be liable for leaving out an important provision in a contract?
Were you harmed because your attorney did not include a key term in a business agreement or personal contract? Failure to include a crucial contractual provision may be the basis for a legal malpractice, attorney negligence or breach of fiduciary duty claim if it...
Did you lose a lawsuit because of your attorney’s negligence?
When the verdict goes against you in court, it can be shocking – and expensive. This is especially upsetting if you believe it was because of your lawyer’s negligence. An attorney has an ongoing duty when representing a client in litigation to exercise reasonable care...
Did filing a Missouri lawsuit breach the plaintiff’s lawyers’ duty of care?
In an attorney-client relationship, the lawyer owes a reasonable duty of care to the client within the scope of the representation. Should an attorney act in a client matter inconsistently with taking reasonable care, and violation of this duty harms the client, they...
Breach of a lawyer’s duty of care before trial during investigation and discovery, part 2
In part 1 of this post, we described the investigation and discovery phases of a trial. Today, we will share ways in which lawyers might commit legal malpractice during these processes. Missing important evidence An attorney owes their client whom they represent in a...
Legal malpractice: Inadequate investigation or discovery in a lawsuit, part 1
Part of an attorney’s legal duty to their client in a lawsuit is uncovering evidence of what happened to cause the dispute. Initially, the lawyer will investigate the facts to learn whether the client has a valid claim. If enough evidence exists to support the case...
Legal malpractice: Failure to advise a client of settlement offers
It is common for many lawsuits to settle before reaching the courtroom or even during the trial phase. A settlement agreement between parties in litigation is a negotiated contract to resolve the dispute without proceeding to a verdict. A settlement provides finality...