Has any of the following happened to you?
- Your lawyer changed their fee arrangement from an hourly rate to a contingency fee without properly notifying you. This change resulted in a significant increase in income for your lawyer.
- You hire a lawyer to file a personal injury claim on your behalf, but your lawyer failed to file it before a statute of limitations expired.
- After your divorce settlement was finalized, you realized that your lawyer failed to investigate your ex-spouse’s investment accounts properly. Your settlement amount would have been more advantageous to you if these accounts were discovered.
These cases represent instances of legal malpractice, which happens when a lawyer causes a client damage through a negligent action or inaction. A lawyer in Cincinnati familiar with injury cases can help you if you have suffered because of a previous lawyer’s carelessness.
What is Legal Malpractice?
Legal malpractice occurs when an attorney does not meet a minimum standard of care when providing services, and the negligence results in damage to the client. The harm can be due to negligent actions or the failure to carry out duties that demonstrate “reasonable care.”
Legal malpractice takes many forms. For example, a lawyer would be liable if they have a conflict of interest with their client, such as being the brother of the spouse the client is suing for divorce. Other cases of legal malpractice include:
- Lack of transparency about legal fees
- Missing a filing deadline
- Failing to handle a case, resulting in dismissal
- Neglecting to advise a client about specific components of a case or settlement, which could affect the amount of compensation
Merely being disappointed in the outcome of a case or not liking one’s attorney does not provide enough justification for a legal malpractice claim. Lawyers are typically protected by the “attorney judgment rule,” which states that they do not have liability if they acted in good faith when representing their clients. This rule applies to attorneys who have shown integrity and provided adequate information to their clients at all times.
How Can I Pursue a Legal Malpractice Case?
If you are considering legal action against a negligent attorney, remember that the statute of limitations for legal malpractice in Ohio is one year. This clock starts ticking when the client first discovers the wrongdoing or when the client-attorney relationship ends, whichever is most recent.
In 2021, Ohio Governor DeWine signed a bill creating a statute of repose, which adds to the original statute of limitations. The new law prevents claims from moving forward if more than four years pass “after the occurrence of the act or omission constituting the alleged basis of the legal malpractice claim.” This statute also says that plaintiffs who do not bring suit within three years after the alleged malpractice must prove they could not have reasonably discovered it during that time.
Assuming you satisfy the requirements of both statutes, you can then proceed with your claim if you meet these criteria:
- You already had an attorney-client relationship with the lawyer you want to sue.
- You must prove that the lawyer in question failed to perform at least one essential duty or did not act with the reasonable care you were entitled to.
- The attorney’s violation or breach of duty caused you injury or damage.
Contact an attorney as soon as possible if you believe a lawyer has committed legal malpractice. An experienced attorney at Clements, Taylor, Butkovich & Cohen, L.P.A., Co., will work hard to understand your situation and determine if you have a legitimate case. They will answer your questions, protect your rights, and help you restore what you have lost.