Legal Malpractice Issues
When parties anticipate a friendly commercial deal or business transaction, they may consider retaining the same attorney or law firm to handle all the associated legal work rather than each of them hiring their own counsel. Joint representation sounds efficient and...
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...
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...
To meet their professional obligations to their clients, attorneys who represent divorcing spouses must be highly knowledgeable about state divorce laws – and many lawyers are. Often highly skilled in the negotiation of marital settlement agreements and in courtroom...
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...
At our law firm, we represent people who have suffered losses because their previous legal counsel negligently practiced law. While there are many circumstances in which legal malpractice can occur, when lawyers are negligent in preparation for trial or in the...
JM Eagle, also known as J-M Manufacturing, is the largest maker of plastic and PVC piping in the world, according to its website. In the 1980s, the company sold piping that contained asbestos, including for municipal water systems. While JM Eagle has not sold products...
When an attorney commits legal malpractice, to what kind of money damages might the client be entitled? As we have discussed in this space, a negligent lawyer is one who has violated their duty of care to the client, but the client only becomes eligible for legal...
On March 26, 2021, a California appeals court reinstated a legal malpractice lawsuit that the trial court had thrown out, filed by well-known athletic trainer Jillian Michaels, who starred on The Biggest Loser for many seasons. While the appeals court’s opinion dealt...
One of the main tasks of a lawyer is to use legal documents to accomplish what their clients want or need. An attorney may need to create or draft a unique legal document or know which official or standard document to use to meet a particular client goal. The use of...