Evaluating A Malpractice Case Against A Lawyer

By Boyd Lemon
$9.00 Rating: Not yet rated.
Published: June 29, 2011
Words: 63888 (approximate)
Language: English

Short description

This book lays out all of the elements of a legal malpractice case against a lawyer, including defenses that lawyers commonly raise. It is for lay people and lawyers not experienced in handling legal malpractice cases to use as a guide to determining if a specific case has merit. Numerous examples are provided for each element, and a hypothetical case is analyzed.

Extended description

Here is the detailed Table of Contents:

INTRODUCTION

THE HYPOTHETICAL... (Read more) Here is the detailed Table of Contents:

INTRODUCTION

THE HYPOTHETICAL

The Facts on Which the Underlying Case Was Based

A Question of Duty Arises

The Underlying Litigation

The Malpractice

Statute of Limitations Issues

HIRING AN ATTORNEY

The Importance of Finding an Experienced Attorney

How To Find an Experienced Attorney

What To Do When You Find an Attorney Who Will Listen To You

If You Have Difficulty Finding an Attorney

The Written Retainer Agreement

Once You Have Retained An Attorney

THE ELEMENTS OF A LEGAL MALPRACTICE CASE

Factors To Analyze

Practical Hints About the Meritorious Legal Malpractice Case

The Most Important Element of a Legal Malpractice Case

STATUTE OF LIMITATIONS

What It Is and How You Find It

How Long Is the Statute of Limitations, and When Does It Start To Run?

The California Statute of Limitations, as an Example

Accrual, Tolling, Appreciable Harm and Other Legalese Explained

The Mysteries of Actual Injury Explained

The Statute of Limitations Applied to Our Hypothetical Case

CAUSATION

The “But For” Test

Defining the “Proximate” in Proximate Cause

Superseding Causes

Back to “But For” Causation: Lost Opportunity.

But For: Speculation

“Woulda/Shoulda”

Yet Another Hurdle: Proving Collectability

Proving Causation in the Transactional Malpractice Case

The Client Files Bankruptcy

Applying the “But For” Test to the Hypothetical.

Getting By Summary Judgment

DAMAGES

How Much Your Damages Must Be: The Expenses of the Legal Malpractice Case

Myths Relating to Damages

Settlement of the Legal Malpractice Case Before Trial

Recoverable Damages

Damages Must Be Proved With Certainty–Sort of

Other Damages You Cannot Recover

Proving Damages in the Hypothetical Case

DUTY

What It Is

Duty Created By the Attorney-Client Relationship

When the Attorney Limits the Scope of his Representation

Specialists

Duty to the Non-Client

No Duty To Adversary

Judgmental Immunity

The Locality Rule

BREACH OF DUTY

When an Attorney Breaches His Duty

When the Expert Witness Is Needed

Finding an Expert

When to Retain an Expert

Examples of Breaches of Duty: What We Call Legal Malpractice

Real Estate

Wills, Estates and Trusts

DEFENSES TO THE LEGAL MALPRACTICE CASE

What We Mean by “Defenses”

Comparative Negligence

Failure to Mitigate Damages

Unclean Hands

Arbitration

Offset

Collateral Estoppel

Release

Ratification

Standing, and Suing the Opposing Lawyer

JURY APPEAL

The Importance of Jury Appeal, and Whether Juries Hate Lawyers

Jury or Not?

OBTAINING AND REVIEWING FILES

Importance of Reviewing the File from the Underlying Case

Holding the File Hostage

INSURANCE COVERAGE AND THE PRE-LITIGATION LETTER

The Pre-Litigation Letter

OTHER LAWYER MISCONDUCT

Suing for More Than Just Malpractice

Breach of Fiduciary Duty

Conflicts of Interest

Adverse Interests

Disclosure

Other Breaches of Fiduciary Duty

Fraud

Ethical Violations in Legal Malpractice Cases

Common Ethical Violations

Expert Testimony on Breaches of Fiduciary Duty

CONCLUSION
(Less)

Tags

lawyers, attorneys, malpractice, legal malpractice, attorney malpractice, lawyer malpractice, sue your lawyer, malpractice case, legal malpractice case

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