You want a Cincinnati attorney practicing injury law or another legal area who has the best intentions. That is why being the victim of legal malpractice can feel like a betrayal of your trust. If you were involved in a civil or criminal matter and the outcome was due to the actions of a “bad lawyer,” you can turn to a legal malpractice attorney for help.
Not getting the legal decision or settlement you wanted is not enough to claim legal malpractice. For example, you cannot sue your attorney simply because they did not win you a large enough compensation. To understand the difference between an unfavorable decision and legal malpractice, you should know about the attorney judgment rule.
What is the Attorney Judgment Rule?
The attorney judgment rule allows a lawyer to exercise independent professional judgment when practicing law and representing clients. More specifically, they have the right to decide how they want to handle their cases if they follow the law and act ethically.
According to the attorney judgment rule, parties cannot hold a lawyer liable for acts of good faith that end up being lousy judgment calls in hindsight. In most circumstances, it is reasonable to assume attorneys are still in the best position to determine how to represent their clients best. In the case of an unfavorable decision or settlement, the court typically will not second-guess a lawyer’s decisions.
This general notion also applies to physicians, accountants, and other professionals who rely on their expertise and judgment to do their jobs. We trust them to make the best decisions when serving their patients or clients. If a decision they made turned out to be undesirable, the law usually protects them from civil or criminal action if they demonstrated competence and acted in the best interest of the people they served.
When It Is More Than Bad Judgment
Some attorneys’ actions or decisions may seem unfortunate in hindsight, but their intentions were likely good at the time. However, a lawyer commits malpractice when they act without integrity or outside of the boundaries of the law. More specifically, your attorney has likely engaged in legal malpractice if they:
- Brought a suit or filed a claim against the wrong parties
- Failed to disclose any conflict of interest
- Handled your case negligently
- Allowed a statute of limitations to expire or missed a deadline for filing a claim
- Had a case dismissed because of a failure to prosecute it
- Neglected to inform you of crucial details about your case or settlement
- Used the fees you paid them inappropriately or not according to the terms in your agreement
- Violated your constitutional rights
If your lawyer commits one of the above actions, the attorney judgment rule does not apply. If you can show that your attorney did not act with competence and integrity, you may be able to pursue a legal malpractice claim. The lawyer might also be subject to disciplinary or criminal action.
Work with a Top Legal Malpractice Attorney
If you tried to get help with a local personal injury or other legal issues, but your previous lawyer acted wrongfully, you can seek help from a legal malpractice attorney in the tri-state area. They can assist you in determining whether the attorney judgment rule applies to your case. If it doesn’t, they’ll work to understand your situation and guide you in filing your legal malpractice claim. Also, they will fight for your rights and ensure you receive a fair settlement.