What Constitutes Legal Malpractice in Cincinnati, OH?

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The relationship between a lawyer and client is unique and worthy of high regard. Hiring a lawyer implies placing your confidence in them and trusting they will advise and represent you to the best of their ability. When your lawyer fails to do a good job or violates your trust, the impact can be devastating. The lawyers at Clements, Taylor, Butkovich & Cohen, L.P.A., Co., appreciate the delicate nature of the attorney-client relationship. They understand that legal malpractice is a serious violation of your trust. They also work hard to help you navigate the complex issues of the legal system and represent you with your best interests in mind.

Did my lawyer commit legal malpractice?

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Bringing a legal malpractice case against an attorney involves highly complex issues and requires a high degree of skill to work through. A lawyer who commits malpractice not only disappoints you but also fails to handle your legal matter with the level of competence you should expect. Legal malpractice shatters your trust and often results in the violation of your rights. If your attorney does not adhere to a standard of service to which you are entitled and commits negligence that causes you damage, you likely have a case for legal malpractice.

Legal malpractice comes in many ways:

  • Failure to disclose a conflict of interest between the lawyer and client
  • Using the client’s funds improperly
  • Missing a deadline for filing a claim, such as letting a statute of limitations expire
  • Negligent handling of a case
  • Failing to advise a client about specific details of a settlement or case
  • Suing the wrong parties
  • Failure to prosecute a case and having it dismissed as a result

The attorney judgment rule

Like physicians or accountants, clients should expect their qualified attorneys to use their expertise and sound professional judgment when dealing with all legal matters. An attorney who acts with competence and good faith will be excused under the law if their judgment proves wrong, as long as his or her actions would be considered acceptable among experienced lawyers handling similar matters.

Should you fire an attorney you believe committed the malpractice?

You should be sure that your attorney has or is committing legal malpractice before taking action against them. If you believe your attorney has been negligent, an Ohio malpractice lawyer can know for certain after understanding your particular case. It is always beneficial to consult with a malpractice attorney before firing your current lawyer.

Proving legal malpractice

Losing your case does not necessarily mean that your lawyer was negligent, but consulting with a malpractice attorney can help you know for sure. In some cases, proving legal malpractice is relatively straightforward, such as showing that your lawyer failed to meet a filing deadline, causing you to lose your right to make a legal claim.

At other times, establishing legal malpractice is not as simple. Proving your case might require the testimony of an expert witness, often an attorney specializing in the type of legal matter at the center of your malpractice claim. The expert witness should be a well-respected attorney with extensive experience and whose opinion a jury will find convincing. You must also show that you had an attorney-client relationship with the negligent lawyer at the time of the infraction and that the malpractice resulted in damage toward you.

Reporting a bad lawyer

If you have suffered harm from the actions of a bad lawyer, the legal malpractice attorneys at Clements, Taylor, Butkovich & Cohen, L.P.A., Co., can help you determine if your attorney committed malpractice. Members of our legal team understand the ethics rules that apply to lawyers and the ethical violations that often result in malpractice. They are also keenly aware of the Rules of Professional Conduct issued by the Ohio Supreme Court.

You might consider reporting a bad lawyer if their actions or failure to act caused you harm. You can report a bad lawyer to:

  • The Ohio State Bar Association
  • The Office of Disciplinary Counsel, Ohio Supreme Court
  • The Board of Commissioners on Grievances and Discipline, Ohio Supreme Court

Contact one of our capable legal malpractice attorneys in Cincinnati, OH

If you can show that your attorney acted unethically or failed to handle your legal matter properly, Clements, Taylor, Butkovich & Cohen, L.P.A., Co., can determine whether you have a case for legal malpractice. We can also represent you if you wish to pursue legal action against your attorney. Call us at 513.721.6500 or contact us online for a complimentary consultation and review of your case.