Legal malpractice occurs when a lawyer’s conduct falls below acceptable standards of care and harms the client. Common examples of legal malpractice include:

• Failing to file a lawsuit within the required time period;
• Representing a client when a conflict of interest exists; or
• Neglecting a case such that the client cannot recover damages they should have been entitled to receive.

Importantly, a lawyer does not commit malpractice simply because the client is dissatisfied with the result. To prove a case of legal malpractice, you must prove a “case-within-a-case,” meaning you must show not only that the attorney committed malpractice, but also that you would have won in the underlying case.

Like other claims of professional negligence, claims for legal malpractice are emotionally fraught. Clients understandably feel betrayed and may have difficulty trusting another attorney. However, pursuing a claim for legal malpractice is a complicated undertaking that should not be attempted without assistance from an experienced legal malpractice lawyer.

Tom Robenalt began his career at an insurance defense law firm in Cleveland, where he defended attorneys accused of malpractice. He has represented lawyers, law firms, and their insurance companies in malpractice cases and understands how these disputes play out. He knows how to evaluate a claim for legal malpractice and the strategies that can be used to maximize your financial recovery. To put his expertise to work for you, contact a legal malpractice attorney at Robenalt Law today.

What Constitutes Legal Malpractice?

If you suspect your lawyer committed legal malpractice, schedule a meeting with an experienced legal malpractice attorney before you fire your first attorney. Robenalt Law can review your prior lawyer’s conduct to assess whether malpractice may have occurred.

Here are common complaints about lawyers and an assessment of whether that conduct constitutes malpractice.

• Your lawyer stopped working on your case. If your attorney has ignored your case, he may have committed malpractice. If you act quickly and hire another lawyer, you may be able to preserve your rights and avoid having to file a claim for malpractice. The longer your attorney has ignored you and your case, the more likely malpractice occurred.
• Your case is dismissed because your lawyer did not work on it. If your lawyer did not work on your case and it was dismissed, the lawyer may have committed malpractice. However, to prove a case of malpractice, you must show that you would have prevailed if your case had been handled correctly.
• Your lawyer settled your case without authorization. Settling a case without authorization is malpractice. A lawyer cannot agree to a settlement without the client’s approval. However, to win a legal malpractice case you must prove that your case was worth more than what your lawyer settled it for.
• Your lawyer missed the statute of limitations. All cases have statutes of limitation that require a lawsuit be filed with a specific time period. A lawyer who files a case beyond the statute of limitations has committed malpractice. You will still need to show you would have won your case if your lawyer filed it on time.
• Your lawyer represents someone with conflicting interests. If your lawyer represents another client whose interests are in conflict with yours, the lawyer may have committed malpractice. A conflict of interest arises when a lawyer places himself in a position where he cannot advocate for his client or has confidential information from prior representation that could impact a lawyer’s duty of loyalty. A legal malpractice attorney can assess whether your lawyer has a conflict and whether that conflict interfered with their duties of advocacy and independent judgment.

Can I Sue My Lawyer for Legal Malpractice?

If you experienced severe financial damages because your lawyer failed to meet the standard of care, you may have a claim for legal malpractice, and you may be able to sue your lawyer. However, to win your legal malpractice case, you must meet specific filing requirements, including filing your claim within the one-year statute of limitations. You must also prove that you would have recovered money if not for your lawyer’s negligence.

How to Sue for Legal Malpractice

To prove a case of legal malpractice, you must prove four elements:

1. Duty. Your attorney owed you a duty of care.
2. Breach. Your lawyer made a mistake, such as doing something he should not have, failing to do something he should have, or that his conduct otherwise fell below the applicable standard of care.
3. Causation. Your lawyer’s actions or failure to act caused you financial damage.
4. Damages. You experienced financial loss as a result.

Winning a claim for legal malpractice can be challenging. If you suffered severe damages because of legal malpractice, you should gather information you think proves your case and consult with an experienced legal malpractice attorney.

A legal malpractice attorney can evaluate your situation to determine whether legal malpractice may have occurred. Request your file from your current lawyer and ask a legal malpractice lawyer to review it for you.

Contact Robenalt Law Today

Call our Robenalt Law’s Cleveland office at (216) 223-7535 or our new Columbus office at (614)-695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.

Robenalt Law has offices in Cleveland and Columbus and handles Legal malpractice claims throughout Ohio and nationwide.