Lawyers Behaving Badly

Court Order Trumps Facebook Privacy

2011-11-21T06:04:00.000-08:00

It is obvious that social networking has skyrocketed over the past few years. It seems as though most everyone has at least one social webpage where they can make posts and communicate with friends. But what happens when those postings get seen by a soon to be ex-spouse amidst a divorce proceeding?

Recently a judge in New London Connecticut ordered that a divorcing couple disclose their facebook and online dating passwords to the other’s attorneys. The purpose, according to the judge, is to assist the couple’s attorneys in the discovery process. The judge did impose a restriction on this ruling prohibiting each party from viewing the other’s webpages and making postings pretending to be the other person.

This issue came up in court because the husband saw postings on his wife’s facebook page where she talked about her feelings toward him, their children and he believed the posts questioned her ability to care for their children. He believed this information could be useful in his quest to obtain full custody of their children. The wife was originally asked about her facebook password during a deposition, at which time she provided it. But then, on advice of counsel, changed it immediately after the deposition. That is where the court stepped in. This court ruling has been dubbed “court authorized hacking” and actually violates the terms and conditions set forth by facebook which states that users should never disclose their passwords

As we have said before - Even if you limit who may view certain aspects of your social media posts, and even if it is simply an e mail to a friend, once you get into court assume it is all going to be open for the other side. If you are injured and are claiming damages for limitations in your activities, if you may be facing a divorce, or if you are in anyway involved in litigation just imagine the court and the other side reading what you post and or e mail. If the other side wants to they will get a judge to force a disclosure. BE CAREFUL!

Facebook Evidence in Litigation Proceedings

2011-11-03T16:36:00.001-07:00

In the middle of October, the Connecticut Supreme Court heard oral arguments from counsel regarding facebook photographs that were allowed as evidence. The arguments centered on the fact that these photographs should not have been introduced as evidence and, the fact that they were admitted actually violated the defendant’s constitutional rights.

The controversy began in 2004 when Alia Altajir, granddaughter of an Arab billionaire, was driving while intoxicated when she crashed and killed her best friend. Altajir was charged with manslaughter and in 2007 agreed to plea bargain to a lesser charge. However, after she was released from prison, Altajir admitted to violating her court ordered probation.

During her 2009 sentencing hearing in Litchfield Superior Court, photographs which were posted on Altajir’s facebook page were introduced. After the judge reviewed the photos, he commented that it did not appear that Altajir had any remorse after what happened. The prosecutor argued that the photos demonstrated that even after serving her jail sentence, she was not changing her lifestyle. Altajir’s attorney stated that he had advised his client to take down her facebook page, but she declined. He also argued that the photographs did not contain dates which made it impossible to determine whether the photographs were taken during Altajir’s probation.

Both attorneys admitted that this case could set new standards for when and how facebook photographs can be used in court hearings and trials. While this case addresses how social media websites can be used in a criminal case, it is obvious that it is opening the floodgates to how social media can be used in any type of litigation proceeding.

Can the Attorney-Client Privilege Be Waived?

2011-10-25T07:18:00.000-07:00

As discussed in last week’s blog entry, attorney-client privilege is more complex than most clients realize. One of the purposes of attorney-client privilege is to help the client speak openly and honestly to their attorney without having to worry about whether the information will go beyond the four walls of the attorney’s office.

Clients can waive this privilege, either by putting it in writing or thought their actions. If a court determines that steps were not taken to make sure the information was held in confidentiality, the court may determine that the client waived his right to exercise the privilege. The attorney-client relationship works best when the client is able to speak openly and honestly with his attorney. If you are worried that your actions may have caused you to waive attorney-client privilege, the best thing to do is ask your attorney.

Where Does the Attorney-Client Privilege End?

2011-09-12T09:46:00.001-07:00

One thing most clients are at least vaguely familiar with when they first consult with a lawyer is the fact that an attorney-client relationship and privilege is created, meaning that whatever the client talks about in front of the attorney will go no further. Many clients do not know the full extent of this privilege, including when it begins and ends, but they are at least aware of the fact that the privilege exists.

Sometimes lawyer’s have an ethical obligation to have to break the client’s confidence. If, for example, after meeting with and retaining a particular lawyer, the client calls her and advises her of his plans to commit suicide. The lawyer is not left with the decision of whether she has an ethical duty to disclose this fact. There have been many ethical discussions about this topic, but the general consensus is that if a client has threatened bodily harm against himself, the lawyer has an ethical duty to disclose that information.

Can an Existing Fee Agreement be Modified?

2011-08-19T08:04:00.000-07:00

One of the first things a client does after meeting with and deciding to hire a lawyer, is she signs the fee agreement. Fee agreements are a way for the lawyer to convey to the client and the client to understand what she will be expected to pay for the lawyer’s services. It also lays out the scope of the lawyer’s representation.

However, sometimes circumstances change after the original fee agreement is signed. The case may become more involved that originally thought or may require hiring an additional lawyer to assist with the case. When something changes and the original fee agreement is no longer applicable, can the fee agreement be modified?

An American Bar Association Ethics Opinion which was released in July answered this question. In order to modify an original fee agreement, the lawyer needs to show that at the time the fee agreement was modified, the modification was reasonable under the circumstances and that the client agreed to the modification. As long as the lawyer can show that there was a reasonable need to modify the fee agreement and the client agreed to it, a fee agreement can be modified if the original one is no longer applicable. However, if the lawyer does not have a reasonable need to modify or does not notify the client, there may be a claim for punitive damages under the Connecticut Unfair Trade Practices Act.

If your attorney modified your fee agreement without discussing it with you first, contact our office to discuss your potential legal malpractice claim.

What the Future Holds for Saint Francis Hospital / Reardon Sex Abuse Cases

2011-08-05T02:35:00.000-07:00

In follow-up to the August 1, 2011 court ruling on the defense lawyer’s withholding evidence in the Saint Francis Hospital / Reardon sex abuse case, the question becomes, what does this mean for the cases that settled without the benefit of this new evidence?

It is clear from the judge’s ruling that the evidence was highly relevant to the victim’s cases. The problem is, several victim’s settled their claims with Saint Francis Hospital before this evidence was turned over. The victim’s claims seem much more obvious now and it remains to be seen if several of the victim’s will try to get their cases re-opened in court because they did not have the benefit of this evidence when they settled their claims of sexual abuse by an employee of Saint Francis Hospital. Oddly here is a post from the website of the defense firm which provided the very late disclosure. http://www.employerslawblog.com/Entry.aspx?eID=344 St. Francis Hospital's own lawyers who provided these bylaws late and who were representing St. Francis at the time of the trials clearly understood their responsibility and the risk to their client St Francis Hospital. Risks that most law students would recognize.

To learn more about sex abuse cases, click here for an article posted on www.stangerlaw.com.

Bylaws Withheld in Saint Francis Hospital / Reardon Sex Abuse Cases

2011-08-04T06:46:00.001-07:00

In follow-up to yesterday’s post, the August 1, 2011 court ruling in the Saint Francis Hospital / Reardon sex abuse case, let’s examine what evidence was improperly withheld by the defense lawyers. The lawyers for Saint Francis Hospital only recently turned over to the victim’s lawyers, Saint Francis Hospital’s medical staff bylaws for 8 years from early 1960 to early 1980. These bylaws set forth procedures for the hospital when reviewing research by it’s medical staff. The victims allege that the abuse by Reardon would have stopped if Saint Francis Hospital complied with this written policy of the doctors who worked at Saint Francis Hospital. These were safeguards by Saint Francis Hospital which were not followed.

The bylaws were clearly relevant to the victim’s claims. And the judge found that the defense lawyer’s failure to provide this evidence to the victims was unethical. This information was requested by the victim’s lawyers during the years leading up to trial but the defense lawyers for Saint Francis Hospital failed to turn any of this evidence over until mid-way through the second victim’s trial. During the second trial they turned over only the tip of the iceberg. The remaining bylaws were turned over in connection with a motion for sanctions filed after the second trial, only after the verdict for more than $2,000,000 against Saint Francis Hospital. The third trial is coming up soon, these never before seen bylaws will play an important role in upcoming trials.

To learn more about the Saint Francis Hospital / Reardon sex abuse cases, click here for the article printed in the Hartford Courant.

Unethical Behavior in the Saint Francis Hospital / Reardon Sex Abuse Cases

2011-08-03T13:29:00.001-07:00

Many people have been following the recent sexual abuse litigation against Saint Francis Hospital. Prior to his death, Dr. George Reardon, a doctor at Saint Francis Hospital, abused hundreds of children from the 1960s through the 1980s under the guise of a growth study at Saint Francis Hospital in Hartford. This year two of the victims have had their day in court. Stanger & Arnold, LLP represents several of the victims in this matter.

In a ruling issued on August 1, 2011, the court found that the defense lawyers withheld relevant evidence in the Saint Francis Hospital sexual abuse cases. As part of the discovery process the defendants are required to turn over relevant evidence that is requested. What the judge just decided was that in January of 2010 the victims of the sexual abuse had requested the information that was not turned over until just a few months ago. In fact much of it was not turned over to the plaintiffs until after the trial of two of the cases that were completed this year. It was not turned over until after many of the plaintiffs had settled their cases. Sounds like lawyers behaving very badly. It is unclear how much Saint Francis Hospital knew and exactly what part Saint Francis Hospital played in attempting to hide the truth. But it is clear that the court has decided it was wrong and that someone had to pay.

To learn more about the Saint Francis Hospital / Reardon sex abuse cases, click here for the article printed in the Hartford Courant. More about this in upcoming posts.

Complaint Against Judge Leads to Additional Litigation

2011-07-25T09:54:00.001-07:00

In 2010, a Texas state court judge filed suit against a well known plaintiff’s attorney. The judge’s complaint included allegations of defamation and extortion. This complaint stemmed from a long standing issue between the judge and attorney. The attorney originally filed a petition with the Texas State Commission on Judicial Conduct which the judge alleges was solely an attempt to diminish the judge’s changes of re-election. The attorney’s petition claimed the judge belittled, berated and ridiculed his colleagues to the public as well as to other judges. Additionally, after pre-suit discovery was conducted, the judge alleged the attorney based his petition on events reported to him by other sources, rather than based on firsthand knowledge.

After filing the petition, the attorney did not act on it until a few weeks before the filing deadline for judicial candidates, at which time the attorney gave copies of the complaint to several media sources. But it did not end there. The attorney also e-mailed a copy of the complaint to over 100 members of the local American Board of Trial Advocates. The question remains whether the attorney filed the complaint was acting in good faith and had knowledge of the judicial misconduct he is asserting or whether he was acting with reckless disregard for the truth of the information he received in violation of Model Rule of Professional Conduct 8.2. The case is continuing. It is not only clients that are critical of judges and lawyers. Lawyers and judges sometimes point their fingers at each other. Who is correct does not matter. What does matter is that if you have been injured because someone acted improperly you should consider having a lawyer review your situation.

Contact our office to discuss your potential legal malpractice claim.

Attorney May be on the Hook for Improper Notary Practice

2011-07-18T10:01:00.000-07:00

In many states attorneys receive a notary commission without having to pass an examination. While notarizing a document is often something that is viewed as more of an administrative task, attorneys who engage in sloppy notary practice may find themselves facing disciplinary action or other liability. It is easy to view notarizing a document as simply a formality, but each affidavit or verification is a sworn legal document and notarizing same could have serious implications for the signer, notary and the lawyer who prepared the document.

If an attorney pressures an employee to notarize a document improperly, she may be violating the rules of professional conduct. While it may not seem like common practice, it is happening more often that one might expect. For example, a senior partner in a large firm asks a young associate to notarize a document in a large case, however, the document was signed prior to the young associate’s involvement. The young associate notarizes or asks a paralegal to notarize the document. In determining whether the young associate has engaged in improper notary practice it is necessary to consult the law of the state. In some states notaries must verify that the document was signed in his or her presence. In other states it is the simple matter of verifying the signature even if there was no personal appearance.

In an effort to adhere to the rules of professional conduct, the young associate’s best bet in this type of situation would be to draft a new document for the person to sign in the presence of the notary. Contact our office to discuss your potential legal malpractice claim.

New Report of an Increase in Legal Malpractice Claims

2011-07-13T09:04:00.000-07:00

The AmLaw Daily recently published an article noting an increase in legal malpractice claims between 2010 and 2011 as a result of the state of the economy and the real estate market. Real estate practices were cited as the most likely to be sued due to conflicts of interest and failure to file timely as the main basis’s for claims. The survey polled six insurance companies who provide legal malpractice insurance coverage to approximately seventy-five percent of large and midsized law firms in the United States. One insurance company surveyed noted an 11 to 20 percent increase in claims within the first six months of 2011. One company noted it’s claims rate had increased by 20%, three companies said their claims rates increased by 6 to 10 percent, and the remaining two said their claims rates have remained stable.

It is anticipated, according to the article, that once the real estate market rebounds, the claims of legal malpractice against real estate firms should level back to where they were. During the recession, another publication published an article after consulting with several lawyers, who predicted that law firms could expect to see a rise in legal malpractice suits due to clients being more inclined to seek ways of recouping some of their losses in revenue from other sources, specifically, litigation. To read the article in its entirety, click here.

Careless E-Mailing Leads to Disqualification

2011-06-27T05:54:00.001-07:00

In-house counsel in California has been temporarily disqualified after they intercepted and used information contained in privileged e-mails which they received accidentally. Counsel for the plaintiff sent several privileged e-mails to individual plaintiffs suing their former company. These e-mail included sensitive documents, including a draft declaration. The problem is counsel for the plaintiff mistakenly sent these documents to one client’s former work e-mail address, which the company they were suing still maintained and monitored. In-house counsel for the company reviewed the e-mails sent by plaintiff’s counsel and allegedly used the information contained therein to construct a counterclaim against the plaintiffs.

The U.S. District Court for the Northern District of California granted a temporary protective order disqualifying the company’s outside counsel and ordering the company to retain alternate counsel who would be required to submit a new declaration indicating that new counsel has received no information regarding the mistakenly disclosed privileged information. The Court also disqualified the in-house counsel who reviewed the privileged e-mail correspondence. Finally, the Court ordered the company to dismiss its counterclaim, without prejudice, so that it could be re-filed by new counsel without reference to the privileged information.

It is obvious from this recent court ruling that attorneys need to be careful if they inadvertently come into contact with privileged information. Given the new technologies available, this problem has the increased possibility of becoming more widespread. Contact our office to get more information about your potential legal malpractice claim.

New York Lawyers Sanctioned $15,000

2011-06-13T10:49:00.000-07:00

A New York law firm is now paying the price because it knew that their client was lying and they used that lie to try to get a bigger settlement for their client. The firm represented a client in an employment discrimination suit. The firms’ problems arose once they knew that their client had obtained a new job and they not only failed to disclose this information to the opposing firm, they allowed their client to conceal that information under oath. The firm allowed their client to testify during her deposition that she was still waiting for a call back about a new job opportunity even though, two weeks prior to her deposition, she was awarded and accepted the position.

The Court ordered the law firm to pay $15,000 to the opposing firm representing the former employer. The client was also ordered to pay $2,500 to her former employer’s firm. The Court did note in its opinion that although the opposing law firm suffered harm, the real harm was against the judicial system and the judicial process itself. The opposing law firm also filed a motion to dismiss the employment discrimination action which the court denied.

The Court ultimately held that the testimony their client gave under oath was false, and that it was obvious based on the prior questions that the opposing firm was trying to determine whether or not she had obtained new employment. The law firm could have disclosed their client’s new employment to the opposing firm but elected not to in an effort to try to obtain a higher settlement for their client.

This Court is making a point of showing other lawyers that misleading or false statements will not be tolerated and can be quite costly. To read the full story, click here. Contact our office to get more information about your potential legal malpractice claim.

But My Lawyer Told Me So

2011-06-06T04:56:00.001-07:00

One of the things lawyers are known best for is their ability to listen to a client’s situation and advise him or her accordingly. Being that the client probably doesn’t have prior experience in the legal system, the lawyer’s advice is held in very high regard. Since the lawyer’s advice is often followed to the letter, it is imperative that the lawyer do the proper amount of research into the situation before dispensing appropriate advice.

Sometimes lawyers think they already know everything there is to know about an area of law and may not perform the diligent research they normally would if they were dealing with an unfamiliar with an area of law. The problem with this is that the law is always changing. New cases come up every day so it is important that lawyers fully investigate before advising a client.

If you lawyer gave you bad advice which cost you in your lawsuit, contact our office to discuss your legal malpractice options.

The Power to Admit or Deny

2011-04-08T05:19:00.000-07:00

When a case gets put into suit, the injured party files and serves a complaint on the opposing party. The complaint lays out all of her allegations and claims. Once the opposing party receives the complaint, typically he turns it over to his lawyer to file a response. Filing a response to a complaint may seem like a very basic, run of the mill procedure, but careful attention must be paid to the allegations and the responses being made. The lawyer has a duty to investigate the allegations made and draft an accurate response to them. The best way to ensure accuracy is for the lawyer to review the complaint with the client and draft responses together. Failure to draft an accurate response could result in the lawyer making a costly error for the client. For example, if the lawyer admits an allegation that should have been denied, this could result in the client being liable for something that he should not be and ultimately could resulting in a legal malpractice claim against the lawyer. Even though an answer to the complaint may seem like a straightforward part of the case, an error so early on can be detrimental to the client in the long run. If your lawyer’s improper answer cost you, call our office today to discuss your options.

Are Experts Necessary in a Legal Malpractice Case?

2011-03-23T05:07:00.000-07:00

A legal malpractice case is different from other types of cases in that not only must it be proven that the lawyer screwed up, it must also be proven that the underlying case would have been successful. In order to prove that the lawyer screwed up, evidence needs to be presented to show that there the lawyer had a duty to the client, the lawyer breached that duty and because of that the client suffered damages.

In a recent Connecticut Appellate Court decision, a client filed a legal malpractice claim against her former lawyer for the mishandling of her divorce proceeding. After the client and her former spouse reached a settlement agreement, they appeared in court to finalize it however the client refused to proceed. Her lawyer successfully withdrew from the case and the client represented herself at trial. The lawyer filed suit against the client to recover unpaid legal fees and the client, continuing to represent herself, filed a counterclaim for legal malpractice. During the legal malpractice proceeding, the judge would not allow the client to testify as to the harm she suffered while representing herself in the underlying divorce action because a lay person is not allowed to give expert testimony. The client did not have an expert witness to testify on her behalf and therefore she was unable to prove her claim.

In the state of Connecticut, a legal expert must testify to prove certain aspects of a legal malpractice case. It is evident by the above decision that the courts strictly adhere to this requirement. The only exception the court notes is when the lawyer’s conduct is so obviously negligence that an expert would become unnecessary. In short, unless the lawyer handling your legal malpractice case believes she can prove that your prior lawyer’s conduct was so obviously negligent that an expert is unnecessary, you should be prepared to have an expert offer an opinion in your legal malpractice case. Contact our office to discuss your potential legal malpractice claim.

Pie on the Face of a Judge and Lawyer who use Facebook

2011-03-10T11:27:00.000-08:00

In one of my previous blogs, I addressed the topic of Social Networking sites and the professional responsibilities involved with utilizing one of the many vastly popular websites. Recently this topic has reemerged in the spotlight, based on the actions of a North Carolina judge and defense attorney.

The case began as a child custody matter. During a meeting with counsel in chambers, the judge brought up the topic of Facebook, a popular social media website. Counsel for the plaintiff who did not have a page is reported as being unfamiliar with it. Counsel for the defendant did. The problem began when the judge and defense attorney became Facebook “friends” and by doing so, they were able to read and create posts on each others pages.

The defense attorney posted a question looking for suggestions on how to prove something in a case he was working on, yes, the same case that was before the judge. The attorney also posted a comment that was highly flattering to the judge. The judge posted a comment on his page about the case, indicating that he has two good parents to choose from.

The problem is that the attorney and judge were essentially engaging in ex-part communications by discussing the case outside of the presence of counsel for the plaintiff, which is strongly discouraged by the ethical rules. However, the judge’s problems didn’t stop there. He went on to search the internet and locate the plaintiff’s website displaying her photography and poems. While he was issuing his decision in court, the judge quoted from one of the plaintiff’s poems in his own decision, thereby revealing the fact that he had conducted his own outside research about the parties which is also strongly discouraged by the ethical rules.

The moral here is if an attorney or judge is going to make the choice to communicate with friends and family via a social networking website, make sure the boundaries of ethical obligations regarding such communications are clear and stay as far away from them as possible.

Failure to Timely File in Workers’ Compensation Can Be Malpractice

2011-03-04T08:12:00.001-08:00

Lawyers have a duty to represent their clients competently no matter what type of case it is. A lawyer’s failure to do so can result in a legal malpractice claim against him or her. For example, even a case that seems straightforward, like a workers’ compensation injury, can quickly go awry if the lawyer makes a costly error.

A client is injured at work and seeks medical treatment in addition to advice from a lawyer. The lawyer works with the client to get her weekly checks started and her medical bills covered. Once the client has completed her medical treatment, and the doctor has determined that she has reached maximum medical improvement, the lawyer has a duty to get the information from the doctor and file certain paperwork with the workers’ compensation commissioner in a timely manner to ensure that the client receives all of the benefits she is due. Failure to do so could bar the client from part of her recovery.

Something as simple as a failure to follow-up on a medical record or file a form can cost a client greatly. If your lawyer screwed up your workers’ compensation case call our office today to discuss your options.

Musician’s Estate Files Legal Malpractice Claim

2011-02-24T06:27:00.001-08:00

Mama Cass from the iconic musical group, the Mamas and the Papas, passed away in 1974. At that time, her attorney’s office informed her mother that Cass did not have a will with their office and failed to advise Cass’ mother of a large bank claim against the estate.

There have been allegations made of the firms’ ongoing legal relationships with one or more creditors filing claims against Cass’ estate, which the law firm failed to disclose. Once Cass’ mother discovered these conflicts, she fired the law firm as attorneys for the estate. It turns out that Cass did in fact draft a will, which her lawyers negligently failed to produce after her death. Under the will Cass intended to have her estate shared with her mother and her daughter. But due to the law firm’s negligence, Cass’ estate was not distributed in accordance with her will, but instead it was distributed according to the laws of intestate.

Now that Cass’ mother has passed away, her children have filed suit against Cass’ original attorneys claiming their mother lost the one third of Cass’ estate which was provided for in Cass’ will. They have filed claims of legal malpractice, negligent misrepresentation and fraud.

This goes to show that a law firm can be liable for legal malpractice for something as basic as failure to produce a will when it counts most. Mistakes like this case happen and our experienced attorneys can help you recover.

Best Case Forward at Trial

2011-02-18T05:23:00.000-08:00

Once the decision has been made to put a case on at trial, there are many important pre-trial preparations that must be made. The lawyer will take the months leading up to the trial to get all of the evidence organized and line up all of the witnesses. Another important part of the trial preparation period is getting the client up to speed on the process and what to expect during the trial.

Mistakes can be made both during the trial preparation period and while the case is being presented at trial. For example, if the lawyer is unable to call main expert witnesses to testify at trial because of her failure to timely disclose the expert, and the client’s case suffers as a result, the lawyer may have committed legal malpractice.

If your lawyer failed to put your best case forward at trial, she may have committed legal malpractice and you may have options available to you, we can help.

Waiting too Long Can be Costly

2011-02-10T05:09:00.001-08:00

If a lawyer does not file a case in time - the statute of limitations is blown. With very few exceptions that means the plaintiff (the person bringing the suit) has lost their rights. Sometimes there are ways around it such as the accidental failure of suits statute, or maybe a different claim can be brought. Just maybe there is more time on the statute of limitations, it is not always an easy calculation.

Years ago a client came in and said my lawyer told me he missed the statute of limitations and that I should get a lawyer to sue him. Well the lawyer did make a mistake, he used the wrong statute to figure the statute of limitations. It turned out there was plenty of time to sue. I told the client to go back to the lawyer and have them bring the claim. The lawyer said no - great news - have Stanger do it for you. We did and recovered a good deal of money for the client. The lawyer was not sued.

This demonstrates two things.

First even though the lawyer screwed up in his calculation there really was time for the client to still pursue the claim. Even though the lawyer screwed up there was no point in suing him as there was still plenty of time to sue the original defendant. The lawyers screw up did not cause any damage to the client other than a few scary days. Life is good - our client did well, we had a very happy client because we knew what we were doing and the system worked. The correct person was sued and paid - the one that really caused the damage.

Second if the lawyer had really blown the statute, eliminating the client's right to sue, he would have caused the damage and he would have been the right one to sue. We would have won that case as well. Our client would have been ok.

If you have questions about the statute of limitations, if you have lost confidence in your lawyer, or if your lawyer screwed up, contact our office, to discuss your legal malpractice options.

Settlement vs. Trial

2011-02-02T10:08:00.000-08:00

Settlement talks and negotiations are an important tool in trying to obtain a positive resolution for clients. Lawyers often begin negotiations early on in the process and they continue right up until the jury goes in to deliberation. Many clients often prefer to have their case settle without having to go through the lengthy, expensive trial process.

However, sometimes settlement negotiations can reach a point where both parties are at a “stand off”. At that point, the lawyer and client must make a decision about whether or not to settle the case for the offered lesser amount or expend the time and money taking the case to trial to see what a jury would award.

There are many reasons to avoid going to trial, but a lawyer either not being prepared to go to trial or not wanting to go to trial are not appropriate reasons for a client to settle his or her case. Call another attorney before settling your case if there is a lot of pressure to settle. Article: If Talk Fails, Will Your Attorney Take Action?

Does a Legal Malpractice Claim Mean the Attorney is a Bad Attorney?

2011-01-26T09:35:00.000-08:00

A question sometimes contemplated by clients, especially after they learn their current attorney has been successfully sued for legal malpractice, is “should I get a new attorney?” The truth is, sometimes even the best, brightest and most well-meaning attorneys or their staff make mistakes that can cost their client a case. That does not mean that they are serial offenders, it may have been a one-time occurrence which they have learned from and not repeated. The only way, as a client, to determine whether or not you should remain with your current attorney, despite a finding of legal malpractice against them, is to determine whether they are diligently and competently handling your case. Just as in considering the advice of a doctor, it does not hurt to get a second opinion.

Everyone makes mistakes and that is why attorneys, like doctors, carry malpractice insurance, in the event that they make a mistake. Just because a mistake was made on another client’s file that amounted to a legal malpractice suit against the attorney, does not mean that you can expect the same thing to happen to your case. However, ultimately the decision of whether a client chooses to stay with his/her current attorney is up to the client. Give us a call if you think we can help.

Legal Malpractice in Divorce Actions

2011-01-18T08:43:00.001-08:00

When a person is making the difficult decision of whether or not they should file for a divorce from their spouse, they often seek legal advice from a lawyer. The lawyer is trained in the complex issues and is expected to give good advice. They look to the lawyer to provide guidance and protect their interests during a time when they might not be thinking as clearly and level headed as they normally do. If the lawyer does not fulfill her responsibilities to the client then the lawyer should pay damages to the client.

If, for example, the lawyer fails to file the appropriate motions in Court to help the client pursue an order for alimony or child support on modification and the client is unable to have the order be retroactive the lawyer may be liable for legal malpractice. If the client meets with a lawyer for advice about a divorce action, but that lawyer has represented the client’s spouse for other related matters in the past or at present, the lawyer may be liable for legal malpractice. If the lawyer draws up documents which result in damages to the client because they are unclear, do not cover points that they should or in some cases are simply different than the agreement they lawyer may be liable in legal malpractice. Some of these areas are very technical such as division of retirement assets, QDRO, transfer of real estate, income tax issues and questions regarding estate taxes. Your lawyer will probably not be up to speed on every issue; expect your lawyer to tell you so and to involve someone else they will recommend such as your accountant or a lawyer who specializes in a certain area such as the QDRO, in the process.

Family cases are particularly emotional times for people and they rely a great deal on the counsel provided by their lawyer. If your lawyer failed to handle your divorce action properly, call our office today to discuss your options.

Legal Malpractice in Personal Injury Actions

2011-01-13T06:31:00.000-08:00

When a person is involved in an automobile accident and suffers injuries as a result of another party’s negligence, often times the injured person will seek advise and representation from a lawyer. If the lawyer decides to take the case, they will begin work by gathering the appropriate documentation to pursue the claim.

If the lawyer fails, for whatever reason, to file suit before the statute of limitations, the lawyer may be liable for legal malpractice. Suppose the lawyer did file suit before the statute of limitations but they failed to return the Complaint to the Court. The client’s case may be dismissed and the lawyer may be liable for legal malpractice.

Yet another example, after the lawyer files suit, returns the Complaint to Court and begins the discovery process, they determine that they filed suit against the wrong party, but the statute of limitations has passed to bring an action against the correct party. The client’s case may suffer as a result of this error and the lawyer may be liable for legal malpractice.

There is no such thing as an “easy case”. Each case deserves the time and attention necessary to bring the case to an appropriate result. If your lawyer failed to properly handle your personal injury claim, contact our office today to discuss your potential legal malpractice options.

What Happens When Your Attorney Doesn’t Follow Procedure?

2011-01-05T10:38:00.000-08:00

Attorneys who practice in the state of Connecticut have to follow certain Rules of Practice. The Rules of Practice advise an attorney of everything from when and how to file a lawsuit to what the evidentiary requirements are during trial. When an attorney agrees to handle a case for a client, they do so with the intention of pursuing the matter in accordance with the Rules of Practice.

Sometimes an attorney will screw up, make an error, incorrectly file a document or miss a filing deadline. These may not seem like significant errors, but they have the potential of being detrimental to a client’s case. For example, if an attorney fails to file the initial lawsuit before the statue of limitations, the client’s case may be dismissed and the injured client may not be able to seek recovery for their damages. This type of an error could result in a legal malpractice claim against the attorney.

The same type of error can occur even after the initial lawsuit paperwork has been filed. Another example would be if the opposing attorney files a motion that would dismiss the case; the Rules of Practice allow a certain amount of time for the client’s attorney to file a response. If the attorney fails to file a response, or misses the filing deadline, the client’s case may be dismissed and the attorney could be liable for legal malpractice.

The Rules of Practice don’t just apply to one type of case. Attorneys have to adhere to these rules for any type of action they file. The Circus is in Town – Divorce Litigation Style is an article addressing the procedures in family cases.

These unfortunate situations do happen. If they have happened to you, we can help. Contact our office today to discuss your legal malpractice options.

How Do I Know If I Have a Legal Malpractice Case?

2010-12-27T12:15:00.000-08:00

Clients often wonder what that they need to establish in order to bring a legal malpractice claim against their lawyer. Is the fact that my lawyer did something wrong enough? Do I need another lawyer to say that my lawyer screwed up?

The client, or legal malpractice lawyer that the client has hired, needs to prove several things in order to bring a legal malpractice claim. First, there has to be proof that the lawyer had a duty to the client to act properly. That is easy if you are a lawyer – there was a duty to take care of you. Next, there has to be proof that the lawyer breached that duty by acting negligently. This breach can be accomplished by proving that the lawyer made a mistake that an average lawyer would not have made. In some cases it is helpful to have another lawyer provide an opinion of what the lawyer should have done in the situation; that’s our job to find a lawyer to testify if we take on a case.

There also has to be proof that the lawyer’s negligent behavior caused damage to the client. Ultimately, did the lawyer’s negligence damage the client. This is just like a car accident case; did the other diver’s negligence injure someone.

The best way for a client to determine whether or not they have the necessary elements to justify bringing a legal malpractice claim is to call one of our experienced legal malpractice attorneys and ask there is no charge for the call. We are here to help.

Why Settle?

2010-12-20T05:15:00.001-08:00

Often times when an injured party initiates an action in court, they have questions about the process, especially if this is their first time trying to navigate the legal system. One of the most prevalent questions is “why should I settle my case”?

In order to answer that question, the client will look to his or her attorney for advice. Settling the case for a number that is fair is a great resolution for all parties involved. The problem arises when the attorney advises the client to settle their case for an amount that is unfair.

There are times when attorneys screw up by failing to properly value a client’s case. This sometimes occurs when the attorney improperly advises a client to settle his or her case for an amount that is much lower than what the case is worth. Other times it occurs when the attorney fails to advise a client to settle for a reasonable amount and the client ends up with a verdict or settlement much lower in the future.

Although results are not guaranteed, attorneys do owe their clients appropriate advice regarding what is or is not a proper resolution for their case. The failure to provide a client with appropriate advice is malpractice and the injured party should be compensated by the attorney who screwed up.

Each case is different regarding the time it takes to settle. Your attorney should be working with you during the settlement process and advising you of your options. If your attorney is pressuring you to settle your case for an amount that is too low or too early on in the process, get another opinion on the value, get another lawyer or contact our office today to discuss your potential legal malpractice options.

Reasonable Attorneys Fees

2010-12-01T05:32:00.000-08:00

When a client meets with an attorney to initiate a legal action, there are many topics that are discussed during the initial consultation. One of the topics that often stands out to the client is the discussion of attorney’s fees. Each office has a different system in which they bill for attorney and legal staff time while pursuing the action.

Sometimes attorneys charge for their time on a contingency fee basis. This means the attorney does not bill the client for their time hourly, but instead agrees to be compensated when the case has concluded for a portion of the settlement. This is often attractive to the client because he/she does not have to write a check for the attorney’s time every month and if the case is unsuccessful, the attorney will only be reimbursed for the costs incurred while pursing the action.

Some cases cannot be pursued on a contingency fee basis, such as divorce matters, the drafting of a Last Will and Testament and estate matters, to name a few. For these types of cases, attorneys will bill the client for their time and their staff’s time on an hourly basis. The client may be asked to pay the attorney a retainer to initiate the action, and then the attorney will bill the client monthly once the retainer has been depleted.

If a case settles before the attorney’s billable time uses the entire amount of the client’s retainer, then the client should be reimbursed the unused portion. If you think your attorney improperly charged you or failed to refund the unused portion of your retainer, call us, we can help you consider your legal malpractice options.

It’s All in the Complaint

2010-09-09T05:25:00.000-07:00

After the client comes in to meet with the attorney for the initial meeting, the paperwork has been signed and the law firm gets to work on compiling documentation to prove the claim. Sometime between when the client walks through the law firm doors and before the statute of limitations expires, the attorney handling the case files a Complaint with the Court. The Complaint sets forth the client’s allegations and is an essential part of the lawsuit.

If when the attorney is filing the Complaint, she misses an important claim, fails to include all the responsible parties or even over looks some of the client’s most valuable damages, she may be liable for legal malpractice. The Court may not allow these important issues to be brought into the claim at the later stages of the court proceedings and by having failed to include these important pieces in the Complaint, she has made her client’s claim less valuable. Contact our office today to discuss your potential legal malpractice claim.

Legal Malpractice on the Eve of Trial

2010-09-01T08:37:00.001-07:00

When a case is presented at trial, the client often feels a sense of relief that their matter will finally be resolved. All the time and preparation that went into getting the ready case will be put to good use. However, just because a case has made its way to a trial, that does not mean that the lawyer trying it cannot still be held liable if they commit legal malpractice, even at this late stage in the process.

After the lawyer spends countless hours filing pleadings, answering and issuing discovery, the case still needs to be prepared appropriately for trial. If the lawyer misses an important trial deadline or fails to properly disclose crucial expert witnesses to testify at trial and the client’s case suffers as a result, the lawyer may be liable for legal malpractice. The experienced attorneys at Stanger & Arnold, LLP have provided skilled legal malpractice representation for clients throughout Connecticut. Contact our firm today to schedule a confidential consultation with one of our experienced attorney negligence lawyers.

No Fee Agreement Doesn’t Mean No Legal Malpractice Exposure

2010-08-26T08:59:00.000-07:00

One of the first things that clients do once they decide to hire a lawyer to represent them is sign a representation/fee agreement with that lawyer. The content of said agreement varies depending on the type of matter the client has. However, a lawyer failing to have a client execute a representation/fee agreement does not negate the lawyer’s exposure for legal malpractice.

The representation/fee agreement certainly makes it clear to all involved that the lawyer has agreed to represent the client and the client has agreed to pay the lawyer for his or her time and work. Once the agreement has been executed, the lawyer begins to work on the file, making telephone calls on behalf of the client, drafting documents pertaining to the matter, even scheduling meetings with potential experts for the case. These actions imply that the lawyer is representing the client and thus the work the lawyer is performing is subject to the same rules of professional conduct, as they would be if a representation agreement were signed.

Just because the lawyer has not asked the client execute a representation/ fee agreement, it does not mean that the lawyer’s actions on behalf of the client are not construed as a lawyer-client relationship. If a lawyer working on your behalf may have committed legal malpractice, call our office today to discuss your options.

Legal Malpractice for Withdrawing the Case

2010-08-18T06:14:00.000-07:00

There are many reasons for a lawyer to withdraw a client’s case from the court system. Usually, the withdrawal occurs after a settlement agreement has been reached and the releases have been executed, and signifies an end to litigation.

A lawyer may also withdraw from representation of a client. This may occur for any number of reasons including an inability to work together or a client’s selection of another lawyer to handle the case. In these situations, replacement counsel files an appearance in the case and the pervious lawyer will be withdrawn from the case.

Neither of these first two examples would be a basis for a legal malpractice claim. However, if a lawyer files a withdrawal of a case that is in suit, without first advising the client, the client may be unable to revive the lawsuit and the client may have a legal malpractice claim against their lawyer. If the client is unaware that this withdrawal has been filed, he or she will not be aware that they need to seek alternate representation and this lapse in time could lead to many additional issues with their case, including missing deadlines with the Court or inability to maintain a claim.

If your case is in suit, and you are unsure of its status, contact your lawyer or look your case up online at http://civilinquiry.jud.ct.gov/.

The experienced attorneys at Stanger & Arnold, LLP have provided skilled legal malpractice representation for clients throughout Connecticut. Contact our firm today to schedule a confidential consultation with one of our experienced attorney negligence lawyers.

Legal Malpractice Extends to Foreclosure Matters

2010-08-11T06:06:00.000-07:00

Legal malpractice occurs when a lawyer fails to provide the client with competent professional service and as a result of such, the client suffers damages. Legal malpractice is not limited to just one area of the law. Lawyers handle many different types of cases and the professional duty to each and every client still exists, regardless of the type of case.

More recently, with regard to foreclosure matters, the catchy phrase “show me the money” has been replaced with “show me the note”. Homeowners on the verge of foreclosure are demanding that the mortgage holder show them the mortgage and the note so the homeowner can see proof that the mortgage holder does hold their indebtedness. Trial courts have, in recent cases, dismissed some foreclosure cases when the bank is unable to produce the note.

This may become a more widespread problem due to the fact that many mortgages have been transferred from the original lender into the banking system and eventually sold to pools of investors.

Unprepared Attorney is No Reason to Settle

2010-08-04T05:38:00.001-07:00

When a client is selecting an attorney to represent their interests in a case, they do so with the understanding that they are entrusting that attorney to diligently handle their matter. For most clients, this case is their first experience with the legal system, and for that reason, they select an attorney who is competent to not only handle the matter but advise them along the way.

When the time comes to discuss potential settlement of the case, the client often looks to his/her attorney for guidance. Since the attorney has more experience with the legal system, the client trusts that their attorney will make the appropriate recommendations. There may be many different reasons for an attorney to recommend that their client settle a case. For example, the offer may be reasonable for the damages suffered or the client may be ill and not wish to proceed to trial, so they make the decision to settle their case for the current offer.

However, if the attorney is not prepared to go forward with the litigation of the case due to the fact that she has not engaged in any discovery and trial is in the upcoming weeks, that basis alone, should not be a reason for settling a client’s case. If your attorney failed to properly handle your case, or advised you to settle because they were not prepare to move forward with the next step, call our office today to discus your possible legal malpractice claim.

Lawyers: More Then Just a Punch Line

2010-07-28T05:33:00.001-07:00

Lawyer jokes, everybody’s heard them, and probably have even told some. The truth is, lawyers often obtain excellent results for their clients. When someone is injured in a car accident and loses the ability to walk, they hire a lawyer to fight for their right to compensation not only for their inability to walk but their inability to work, medical bills they were caused to incur, and pain and suffering. In the emotional, difficult cauldron of a divorce case, clients rely on their lawyer to ensure that their interests and their child’s future are protected.

That said, sometimes the jokes contain a modicum of truth. Like any other profession, the practice of law draws all kinds of people, and sometimes lawyers find themselves in the news headlines for some not so flattering dealings. For example, a case of wine gets accidently delivered to the wrong address (the address happens to be that of a lawyer) and the lawyer refuses to return it to its rightful owner. The lawyer then claims that he ‘gave the wine away’. Or, a lawyer takes a handicapped parking pass from a disabled client so that he can park in spaces closer to the courthouse. Or, a lawyer represents a client in a foreclosure matter and then after the client moves out of the condo, the lawyer moves in, rent free, for a year while stalling the foreclosure proceedings. Believe it or not, these are true stories which have appeared in the media about lawyers.

Everyone – even lawyers – enjoy a good lawyer joke or two. The jokes lose their humor, however, when the client is the one who suffers. If your lawyer has made a mistake that cost you your case, they may be liable for Connecticut legal malpractice, and we can help.

Is Broken Confidentiality Legal Malpractice?

2010-07-21T05:26:00.000-07:00

The foundation of a trusting relationship between the attorney and the client is based primarily on the attorney-client privilege. The attorney needs his/her client to be able to speak openly and honestly about the circumstances surrounding the client’s case. In order for the client to feel comfortable doing so, the client must know that they are able to trust their attorney with this confidential information.

Once the client hires an attorney, the attorney-client relationship forms and the client’s information is held in the strictest confidence by the attorney. There is an expectation that the attorney will keep the details of the client’s case confidential, this includes the attorney not exposing any details in person, in writing or over the telephone to persons not directly involved in the case. For example, it is reasonable for the client to assume that the medical records they have released to their attorney will remain confidential and that their attorney will not post them on an internet website.

There are, however, ways in which the attorney-client confidentiality is waived by the client. For example, if the client chooses to bring someone with them to a meeting between the client and the attorney, it is understood that the client is willing to share this information with the other person. In this case, the confidentiality is broken, but there has been no legal malpractice.

If the attorney you hired to handle your case, breached the attorney-client privilege in some way, contact our office to see if you have a legal malpractice claim.

The Economy and It’s Effect on Legal Malpractice Cases

2010-07-14T10:17:00.001-07:00

Experts are predicting that the current state of the economy will cause an increase in legal malpractice cases. Injuryboard.com posted an article which laid out a few different reasons for this increase. One of the reasons listed is that lawyers begin practicing in areas of the law that are outside their normal area of practice.

Lawyers are not exempt from feeling the financial strain during a recession. In fact, many lawyers will take on work that they would normally refer to someone with more knowledge and experience in that area. Choosing to handle a file in an area of law that the lawyer does not typically handle can lead to a lot of errors being made, deadlines being missed and eventually may lead to a legal malpractice claim.

More legal malpractice claims are expected to arise in the near future regarding fraud, failed financial agreements, foreclosures and bankruptcy cases. Typically, the experts say that the increase in these legal malpractice cases will show up within a few years following the economic recession. Contact our office to discuss your possible legal malpractice claim.

Conflict of Interests Can Lead to Legal Malpractice

2010-07-07T14:09:00.000-07:00

The legal field has become more competitive and aggressive in recent years and with more and more potential clients calling in to discuss cases, it is easy to see how things might fall through the cracks. When taking on new clients, lawyers should be careful ensure that they are not taking on a new client that poses a conflict of interests with either their personal interests or their professional interests.

A good way to avoid running into a problem with a conflict of interests is to set up a system whereby new clients can be cross checked against previous and/or existing clients. If after a search such as this is conducted and a red flag comes up, the lawyer can turn the potential new client away or have the potential new client give their written consent of representation, so long as the representation does not involve a claim by one client against another client.

Lawyers have a duty to represent their clients diligently and when a conflict of interests arises and is not dealt with properly, there is exposure for a legal malpractice claim. If your lawyer failed to disclose a conflict of interests in your case, click here to contact one of our experienced legal malpractice lawyers today.

Social Networking Websites and How They Effect the Legal Profession

2010-06-30T05:28:00.001-07:00

In this day and age, the internet not only provides an excellent source for researching, the new social networking sites (like Facebook, Twitter and Myspace) are giving people more opportunities to exchange ideas and information with one another. The question becomes, when lawyers are communicating with prospective clients via these social networking sites, are they in danger of committing legal malpractice?

It is best for lawyers to establish a code of behavior before engaging in communication over these social networking sites. There is an expectation of privacy when information is being exchanged; however, once that information is uploaded onto the internet, it is available for anyone to see. A few of the dangers of posting on Facebook and other social networking sites are the potential to disclose client confidences, the potential to discuss pending matters, and walking the fine line of being informative without turning off clients or followers.
When a lawyer receives a scenario from a potential client and discusses the client’s options, these discussions can be considered legal advice which can also imply a lawyer-client relationship. The best way to avoid any confusion about this lawyer-client relationship is to hold any legal discussions in a more formal manner rather than conducting discussions over social networking sites. If you received improper legal advice over a social networking site, call our office today and discuss your options.

What is a Statute of Limitations?

2010-06-23T05:33:00.001-07:00

A commonly used but maybe not always completely understood legal phrase, statute of limitations, is often the basis for a legal malpractice claim. A statute of limitations places a time limit on pursuing a legal remedy for wrongful conduct. After the statute of limitations expires, the injured party loses the right to file a lawsuit to recover damages. The time limit begins at the time the injury is suffered.

There are different time limits for when an action must be commenced based on the type of case it is. For example, the statute of limitations for a personal injury claim is different than that of a contract claim. Additionally, there are a few reasons for which a statute of limitations may be “tolled”, meaning something has stopped the statute from running for a period of time.

If a person is injured and wants to bring a claim against the responsible party, it must be done within the time set out by the statute of limitations. An attorney’s failure to bring suit within that timeframe can cause the case to be dismissed and essentially, cause the injured party to become a victim for a second time. If the attorney you hired to handle your case missed the statute of limitations, contact our office to discuss your options.

Jilted Bride Sues Ex-Fiance and then Former Friend/Lawyer

2010-06-16T05:59:00.000-07:00

There is an interesting case out of Illinois that may have started out as a violation of the Illinois Breach of Promises Act, but it ended in a legal malpractice claim. The case is Wildey v. Paulsen. The Plaintiff in the case was a licensed attorney who decided to sue her ex-fiancé after he broke off their engagement. After receiving the news, Wildey discussed the possibility of bringing suit against her former groom-to-be with her friend and attorney, Paulsen.

Wildey drafted a letter to her ex-fiancé putting him on notice of the fact that she was planning on filing a lawsuit against him, which is a requirement of the Illinois Breach of Promises Act. The only problem with Wildey’s notice was that she failed to include the date of the engagement, which is a necessity under the Act. Neither Wildey nor Paulsen corrected this vital error.

After Wildey sent the notice, she signed a retainer agreement with Paulsen, however, she never paid Paulsen for any work which she had done on the file. The case was removed to federal court, tried before a jury and Wildey received a verdict in the amount of $118,000. This verdict was short lived, as it was appealed and reversed due to the fact that Wildey did not comply with the notice requirement because she left out the engagement date.

After having the verdict overturned, Wildey then filed a legal malpractice lawsuit against Paulsen seeking to recover the verdict which she lost in federal court along with damages for her pain and suffering. Unfortunately for Wildey, the Court determined that under the Act she was only entitled to recover actual damages, not damages for pain and suffering. Therefore, even though the Court determined that an attorney client relationship existed and was breached, Wildey was only able to recover $100 for wedding dress alterations.

This just goes to show that legal malpractice claims can arise out of an underlying case concerning just about anything. Click here to get more information about how our office can help with your legal malpractice action.

‘Uncharted Waters’ – When Your Lawyer is Acting Outside his Comfort Zone

2010-06-09T07:20:00.000-07:00

Many law firms advertise as being ‘general practice’ firms, able to handle a variety of legal issues for their clients. While there is nothing unusual about this, problems may arise when a lawyer or law firm takes on a new matter in a practice area they are unfamiliar with.

This frequently occurs when an existing client has a need for assistance in a new area of law. The attorney, not wanting to lose the client or eager to earn an extra fee, takes on the new matter even though he has no experience in the area of law in question. Being unfamiliar with the new area of law, the attorney is far more likely to make critical mistakes that cost his client.

Just because an attorney hasn’t worked in an area of law before does not mean he is not competent to handle the matter. Attorneys can provide competent representation in a new area through partnering with other lawyers, researching the new area of law, or by devoting additional time to the representation.

Some lawyers, however, do not put forth this additional effort and simply ‘wing it’. Doing so puts their client at great risk, and may be grounds for a legal malpractice claim if the client’s case is compromised. When the lawyer is paid hourly, there is a risk that the client is bearing the cost of the lawyer ‘learning on the job’ through higher fees.

If the lawyer you hired to handle your case is working outside of their area of expertise, and you believe your case has been compromised as a result, call our office today to discuss your potential legal malpractice case and your options for recovery.

Going from Named Partner to First Year Associate (Part 2)

2010-06-03T05:38:00.000-07:00

Remember our friend Jim from the deposition, well he has once again agreed to hire Law Firm A and specifically, Attorney Ace, to handle his case. This time, Jim is told to attend a Pretrial conference at the Courthouse. When Jim arrives, he learns that Attorney Ace is not able to make it but that Attorney Newer will be covering the matter.

At the Pretrial conference Attorney Newer advises Jim to take a $2,500 settlement offer because he believes that is the most that Jim will ever recover for his case. Jim is unsure of what to do because when he initially met with Attorney Ace, he was told that his case was worth more in the range of $25,000. Jim wants to take some time to think about the offer but Attorney Newer advises that if he does not give an immediate response, the offer will be withdrawn, no future offers will be made and Jim stands a good chance of not recovering anything at Trial. Attorney Newer again advises that Jim needs to accept the settlement offer. Reluctantly, Jim agrees to settle his case for $2,500.

Now, if Attorney Newer and Attorney Ace discussed the case and found that the facts supported that $2,500 was a fair value for his case, then Jim does not have a legal malpractice case. However, if Attorney Ace truly believed that $25,000 was a more appropriate range for settlement because of an important expert report which had been disclosed, but Attorney Newer overlooked. Then Attorney Newer advised Jim to settle for a much lower figure because of this oversight, Jim might have a legal malpractice case.

If you feel that your case was not properly handled by the attorney you hired to represent you, call our office and speak with one of our experienced attorneys today.

Going from Named Partner to First Year Associate (Part 1)

2010-06-01T07:40:00.000-07:00

When a client decides to hire a lawyer to represent him for a case, he selects someone he feels confident in. The client meets with the lawyer for the initial consultation, signs the paperwork and the process begins. The client leaves the meeting with the belief that the lawyer he has just met with will be the lawyer working on his case.

For example, Jim goes to Law Firm A and meets with Attorney Ace. Attorney Ace advises Jim about his case, Jim signs the paperwork to get the action started and they shake hands. The next time Jim hears from Law Firm A, it is to advise him that he has to come to the office for a deposition.

When Jim arrives at his deposition, he expects to see Attorney Ace but instead is told that Attorney New, a young associate with Law Firm A, will be covering his deposition. Surprised by this change, Jim is discouraged but goes along with what Attorney New is advising. Although it may not be good business, it is not legal malpractice to have a case handled by another lawyer in the office without previously advising the client of the change. Often times, scheduling conflicts arise and there is no other option but to have someone else cover the matter.

However, during Jim’s deposition, Attorney New fails to ask critical questions due to his inexperience in that area of law and this causes major issues to come up that lead to Jim’s case being dismissed. Jim could have a legal malpractice case as a result of Attorney New’s errors.

Call our office today to discuss your potential legal malpractice matter.

Are Attorneys Liable to Anyone Other Than Their Client?

2010-05-27T05:41:00.000-07:00

Professionals, specifically attorneys, are held to a higher standard of care than most. Attorneys are selected to represent a client and they have a duty to do so to the best of their experience and ability. When a professional makes an error and the client suffers damages, the professional can be held liable for those damages. When a consenting client does not think his attorney is performing reasonably, he has the option to file a malpractice lawsuit. However, if the person damaged as a result of the attorney’s performance is not a consenting client, but instead a third party beneficiary, what are his options?

It use to be that a third party beneficiary could not sue an attorney for malpractice, since no attorney-client relationship exists between them. In the 1980’s an exception emerged, allowing a third party beneficiary of a will to recover against the attorney who negligently drafted the will. The third party beneficiary must prove that the main purpose and intent of the initial attorney-client relationship was to benefit and/or influence the third party beneficiary. The Courts have dealt with issues for third party beneficiaries in areas including drafting and execution of wills, business transactions, real estate transactions and intentional torts.

The Connecticut Courts may not impose liability on the attorney when it can potentially interfere with the ethical obligations owed by an attorney to their client. There are limits to the attorney-client relationship and attorneys should be deterred from performing acts which will cause injury to the client or to a third party beneficiary. If you are a third party beneficiary who has been injured as a result of an attorney’s wrongdoing, click here to contact our office. Article: Looking Over Your Shoulder: Where to Look and How Far to See.

Is an Unreturned Telephone Call Legal Malpractice?

2010-05-24T11:18:00.000-07:00

Many people wonder whether an attorney not returning telephone calls is legal malpractice. Complaints about attorneys being non-responsive are among the most common complaints by clients about lawyers. Many frustrated clients describe calling their lawyer time and time again, and not receiving a return call. This leaves many wondering if the messages ever got passed along to the attorney or if the attorney is even paying attorney to their case.

Under Connecticut’s ethical rules, lawyers have an obligation to communicate reasonably with each of their clients. What constitutes “reasonable communication”, however, depends on the circumstances. Certainly, a client’s telephone call should be returned, either by the lawyer or a knowledgeable staff member, and the client’s questions should be answered. However, failing to return a telephone call, by itself, rarely constitutes legal malpractice.

However, if you feel you have an important question that needs a more immediate response or you have not heard from your lawyer since the day you first met with her, be sure to follow-up, even in writing, to let them know that you have been trying to reach them and have not been able to. Your lawyer should be keeping you up to date on important developments in your case and should be answering the questions you have. Especially when important events are coming up in your case (for example, trial, your deposition or a settlement conference), your lawyer or her staff should be in touch with you.

Although communication is one of the most common complaints about attorneys, legal malpractice requires not only a breach of care by the lawyer but also damages caused by that breach. Simply not returning a telephone call usually does not fall under that category, unless it leads to the client’s interests being compromised in some way. If you believe your lawyer’s failure to communicate with you has compromised your interest, we would be happy to talk with you about those concerns and discuss your options with you. Click here to contact our office.

Restitution for Legal Malpractice from the Statewide Grievance Committee

2010-05-20T07:39:00.000-07:00

After having a case improperly handled by an attorney, having to pay additional monies to bring an action against them in Court sometimes is not justified by the amount the victim is seeking to recover. If the case is too small to give reason to initiate a lawsuit, the Statewide Grievance Committee has the ability award restitution for a legal malpractice claim by sanctioning the former attorney. By awarding restitution in this manner, the victim does not have to incur the costs of starting a separate proceeding in Court.

There is no regulation as to when the Statewide Grievance Committee should order restitution. However, they are permitted to act in a creative manner when sanctions are assigned, such as ordering an attorney to attend Continuing Legal Education. The Statewide Grievance Committee has chosen to only award restitution as a way to compensate injured parties for loses in a limited group of cases. More often, they have ordered restitution in the form of sanctions in an effort to return property to the rightful owner or to prevent an attorney from benefiting from a violation of her professional responsibility.

The main purpose of bringing a matter before the Statewide Grievance Committee is to discipline an attorney, not seek compensation for the victim of legal malpractice. It is sometimes difficult to calculate damages for a client’s case and often times expert testimony is necessary to accomplish this. If the case is such that it requires expert testimony, then it is more appropriate for that type of case to be heard by a trial court and not before the Statewide Grievance Committee. Click here to contact our office to discuss your legal malpractice case. Article: Mal Practice-Small Claims?

Billy Blanks' $30 Million Judgment Gets Kicked Back

2010-05-16T11:27:00.001-07:00

In 2005, the Tae Bo creator, Billy Blanks, was awarded a $30 million verdict for a legal malpractice claim he brought against his lawyer. Blanks hired a lawyer to file suit against his former accountant turned manager once Blanks learned that he was not a licensed agent in the state of California under the California Talent Agencies Act. In order for Blanks to recover the monies he had paid to his manager during that time period, his lawyer needed to bring suit with the Labor Commission within one year after payment to the unlicensed manager.

Blanks’ lawyer not only missed the filing deadline, he also brought the action in the wrong venue which caused Blanks’ action to be dismissed. Blanks’ then filed suit against his attorney for legal malpractice. His challenge was to prove not only that the lawyer had been negligent and he had to prove that if the lawyer had not been negligent, he would have recovered damages against his manager.

After a 6 week trial, the Jury hit Blanks’ attorney with a $30 million judgment. This judgment was then appealed and the Appellate Court determined that the jury was not properly instructed and the case was sent back to the Trial Court. So Billy Blanks has to get back in the ring with his former attorney for Round Two.

Mistakes like this case happen. When an attorney fails to file suit timely or files suit in the wrong venue, our experienced attorneys can help you recover.

Standard of Care Equal for All Cases

2010-05-14T08:02:00.000-07:00

One of the fears most people have about bringing any type of action to an attorney is a fear that their action will not be handled with the same attention as a multi-million dollar action. The truth is, attorneys owe a duty of diligence to each and every client they represent.

The more complex issues involved in a multi-million dollar action may require more time and preparation then a more standard “run of the mill” action and there is no requirement that an attorney spend the same amount of time handling both types of cases. In fact, some of the expensive preparation measures that are helpful and often times, necessary, when litigating a multi-million dollar action, would not be proper in a more standard action and would result in an increase in costs and expenses which would be the client’s responsibility.

Remember, it is just as easy for an attorney to commit legal malpractice on a standard “run of the mill” action as it would be to commit legal malpractice on a multi-million dollar action. Just because an attorney expends less time preparing a case, does not mean that there is less of a standard of care. If you feel that your attorney did not handle your matter with the proper standard of care, we can help. Call us or send us an e-mail. For more information on how to contact our office click here. Article: Limited Damages – Limited Effort?

Connecticut Legal Malpractice: Understanding What It Is

2010-04-02T10:43:00.000-07:00

With several thousand lawyers practicing in the State of Connecticut, the quality of lawyers varies. Even good lawyers (or their staff) can make mistakes. When legal malpractice hurts you, then you can sue your own lawyer. That's legal malpractice.

As with any lawsuit for money damages, you have to prove three things: (1) the lawyer failed to act as a reasonably careful lawyer under the circumstances, (2) the screw up hurt you, and (3) the monetary value of your loss.

Legal malpractice claims almost always require expert testimony. Another lawyer who practices in the same field will review what your lawyer did. If the lawyer concludes that your lawyer committed malpractice, then you have a case, so long as the screw up hurt you. We can help with legal malpractice cases in Connecticut.

Attorney's Responsibility for the Acts of Others

2010-03-19T06:47:00.001-07:00

Attorney’s have a duty to actively supervise the people who work for them and may be responsible for errors their employees commit if it is shown that the attorney was negligent in his supervisory duties.

The associates, secretaries and law clerks who work with attorneys may be in charge of important matters like drafting documents and filing papers with the court. When they fail to follow through, clients may be seriously damaged. For example, if a paralegal fails to timely file a lawsuit with the court, the client may never be able to pursue their law suit as a result of the paralegal blowing the deadline. In instances like this, the attorney who employs the paralegal would ultimately be responsible for the paralegal’s acts that are within the scope their employment. This might result on valid grounds for the client to bring a legal malpractice law suit in Connecticut and we can help.

Damages in a Connecticut Legal Malpractice Claim

2010-03-09T07:32:00.000-08:00

When lawyers refer to “damages” in a civil lawsuit, they are talking about money the defendant may be ordered to pay to the plaintiff as compensation for his or her injuries or losses. In a civil lawsuit, if the plaintiff wins, the monetary compensation they receive will depend on the facts of the case and the court in which the lawsuit was filed.

Damages in legal malpractice are dependent on two things. First, the state law that is applicable to the case. Second, the facts surrounding the original case (the case the attorney is accused of mishandling).Typically, the damages in a Connecticut legal malpractice lawsuit will be based on what the plaintiff would have won in the original case if the attorney had not been negligent.

Though this list is not exhaustive, some of the basic rules concerning damages in Connecticut legal malpractice lawsuits are:

* If you would have won compensatory damages (money that pays for your loss, like your totaled car and your injuries in an auto accident) as the plaintiff in a civil lawsuit, but your attorney's screw up caused you to lose the suit, you may be able to collect that amount from the attorney. If you were a defendant in a law suit, and your attorney's screw up caused a judgment ordering you to pay the plaintiff, you may be able to collect that amount from the attorney.

* Sometimes, courts award punitive damages to plaintiffs. Punitive damages are awarded when the defendant is found to have acted recklessly. In Connecticut, if you would have won punitive damages in your original case had the attorney not screwed up the case; you may be able to collect these damages from the attorney in your lawsuit for legal malpractice.

* You also may be able to recover any expenses and legal fees that you paid in order to correct the problems caused by the negligent attorney.

We can help clients who have been damaged by the negligence of their lawyer. Legal malpractice is a serious matter; contact us immediately if you think your lawyer has committed legal malpractice because we can help.

Connecticut Attorney Billing Abuse

2010-02-19T13:06:00.000-08:00

Being a lawyer is not just a profession, it is also a business. Like any business, lawyers and law firms want to make money. Unfortunately, often the drive for profits can cause billing abuses and overcharging of legal fees.

Lawyer billing abuses come in many different forms. It can include hour padding, charging for work that was never done, performing needless or questionable work, and charging for the time of several attorneys all doing the same thing. It can also include circumstances where a lawyer handles a case in a manner that is not in the best interest of the client, but rather to maximize attorney fees. A lawyer must act in the best interest of the client not herself.

Decisions on actions to be taken are sometimes made less on the basis of what’s in the best interest for the client, than it is how much can be billed for the work. A lawyer must act in the best interest of her client, not her own best interests.

We’ve helped clients who have been the victim of overcharging or billing abuse both by seeking a refund of any overpayment and by defending the client in a collection action brought by the attorney. If you feel that your attorney has inappropriately over billed you, give us a call – we can help.

Some Tips On How Clients Can Help Avoid Falling Victim

2010-02-09T08:36:00.000-08:00

At Stanger & Arnold, we often hear about the things that go horribly wrong in an attorney-client relationship. That’s because we handle cases involving legal malpractice in Connecticut.

When hiring an attorney, it is crucial to be an "informed consumer.” When looking to hire an attorney, clients should be asking themselves:

1. How did I learn about this attorney? What is his/her reputation?
Ask a lot of questions. Interview the attorney. You are hiring them – they are your employee.

2. Do I fully understand the representation contract that I have signed with the attorney?
Don’t be afraid to ask lots of questions. You should fully understand all of the elements of the contract. Your attorney should explain each part of the contract with you before expecting you to sign it.

3. Have I been provided a copy of every contract or document that I have signed?
After signing a document such as a contract, if he or she does not first offer it, request a copy from your attorney and retain it for your records.

4. Does my attorney carry malpractice insurance?
Beware - your attorney may be bare. Connecticut attorneys are not required to carry malpractice insurance. This is a big deal because if your attorney screws up and does not have malpractice insurance, he or she may not have the money to pay for any damages their error has caused you. For attorneys, a good rule of thumb is to carry as much insurance as the amount of their largest case.

These are the types of questions that clients should be thinking about when hiring an attorney. If you have questions regarding legal malpractice in Connecticut – we can help.

Connecticut Legal Malpractice Actions Carry A Three Year Statute Of Limitations

2010-01-29T10:55:00.001-08:00

Most Connecticut legal malpractice occurs through administrative errors (i.e., failure to calendar, clerical errors, procrastination); Substantive errors (i.e., failure to know the law, conflict of interest); client relations (i.e., not following client instructions, improper withdrawal); or intentional wrongs doing such as libel, civil rights, fraud, theft, malicious prosecution.

In Connecticut, the general rule is that legal malpractice cases must be brought within three years from the time of the act of malpractice. BUT there are many ways to extend that time. So call us and we can help you understand if you have a claim. If we decide to take on your matter we can help you understand when it has to be filed by. If you don't file it within the time allowed you may loose any and all of your rights - so don't delay. If your attorney has screwed up your case and cost you money - we can help.

Connecticut Legal Malpractice: The "Case Within A Case"

2010-01-19T14:46:00.000-08:00

In many Connecticut legal malpractice actions, the term “case within a case” arises. It typically comes up in legal malpractice cases involving a prior law suit. Basically, a "case within a case" refers to situations where a plaintiff-client claims, that due to their lawyer’s malpractice, they have completely lost their right to recover monetary damages or have recovered much less than they were entitled to because of their lawyer's screw up.

Normally, for a plaintiff-client to show that they suffered damages as a result of their lawyer’s error, they most prove that, but for the laywer's mistake, they would have won the case or at least recovered greater damages. This is the type of thing that we can help clients with.

Connecticut Legal Malpractice: Copyright and Trademark Errors

2010-01-14T12:56:00.000-08:00

Copyright and trademark infringement cases present an interesting area of law that may lead to Connecticut legal malpractice. When advising clients about licensing, copyright and trademark issues, lawyers have a duty to offer competent and diligent advice. A failure to adequately research and render competent advice on copyright and trademark issues could lead to huge losses by a client who subsequently is sued for copyright or trademark infringement.

When lawyers screw up like this client’s are harmed – but we can help.

Regrets The Morning After Settlement: Connecticut Legal Malpractice

2009-12-28T10:47:00.000-08:00

The most common call we receive for a Connecticut legal malpractice case is not dissatisfaction with the result after a trial. Rather, having agreed to a settlement the client now has second thoughts and wishes they had never listened to their lawyer’s recommendation. This often results in the client wanting to bring a legal malpractice action against their attorney.

In such cases, the clients will assert that they could have received a more favorable result, despite the fact that they knowingly and willingly agreed to end the case. In Connecticut, like the majority of states, a client is permitted to sue their lawyer under the theory that their attorney negligently negotiated an agreement despite the fact that the client consented to settlement.

Procedurally, lawyers owe their clients a duty to communicate, a duty not to exceed the client’s given authority, a duty to be diligent, a duty to reveal conflicts of interest, and a duty not to compromise a client’s interests in an effort to cover up the lawyer’s error. Substantively, during settlement and negotiation, lawyers are required to provide their clients with appropriate and accurate information so that they may make an informed decision. This includes a thorough explanation of the law and how it should affect the client’s decision so that the client is able to make an informed decision. Connecticut lawyers that fail to appropriately exercise these procedural and substantive duties may be liable for Connecticut legal malpractice and we can help.

Inadequate Performance of Legal Research May Result in Connecticut Legal Malpractice

2009-12-03T11:43:00.000-08:00

Connecticut lawyers have an ethical obligation, to perform sufficient research to effectively advocate on behalf of their clients. In fulfilling this duty of competent research, lawyers are expected to exercise ordinary care under the circumstances. The most important consideration is that the attorney has conducted sufficient research to make an informed decision on behalf of their client.

In this age of increasingly available information, lawyers may find themselves the subject of legal malpractice actions as a result of inadequate legal research. Research is an essential part of any type of law practice and every lawyer should possess the fundamental skills of locating relevant legal authority and evaluating it.

Given the low cost of today’s digital publishing databases (sometimes even free i.e., http://scholar.google.com/) combined with the ease of distribution over the internet, competent legal research is easily accessible with a few keystrokes. Inadequate legal research by Connecticut lawyers should not be happening. A failure to adequately perform legal research by a Connecticut lawyer may be legal malpractice – and we can help.

Happy Thanksgiving

2009-11-25T07:34:00.000-08:00

As we roll into the holiday season, we at Stanger & Arnold would like to wish everyone out there a very happy and safe thanksgiving day.

Common Legal Malpractice Issues in Connecticut

2009-11-19T13:28:00.000-08:00

Connecticut attorneys are licensed and sworn to provide fair and honest legal services. They have a fiduciary duty to represent their client’s best interests. When lawyers in Connecticut breach their fiduciary duties, they may be liable for legal malpractice. When Connecticut lawyers commit legal malpractice, we can help.

In Connecticut, legal malpractice encompasses many types of negligent and unethical behaviors by lawyers. Legal malpractice can rise when an attorney:

-Lets a statute of limitation or deadline pass
-Puts his or her interests before the client’s
-Has a conflict of interest
-Fails to properly investigate and perform discovery
-Makes errors during the course of trial
-Improperly settles a case without a client’s authorization
-Improperly drafts important legal documents
-Negligently conducts property title searches

These attorney errors can have serious financial, legal and emotional consequences to clients. These errors are often a result of lawyers being overworked or understaffed – but that is no excuse. When lawyers screw up like this, they may be liable for Connecticut legal malpractice, and we can help.

Attorney Trial Errors Can Lead to Connecticut Legal Malpractice

2009-11-10T08:48:00.001-08:00

Sometimes lawyers drop the ball during trials and commit errors that end up costing their clients money. This can lead to a legal malpractice claim for the client in Connecticut.

Common errors include failing to put forward all of the necessary evidence to prove their case. Deadlines for witnesses and expert disclosures can come and pass, and a client’s trial can move forward without valuable evidence. These trial errors often occur due to inadequate preparation by Connecticut lawyers.

Many Connecticut lawyers commit legal trial errors by failing to make proper objections during trial, or failing to keep evidence out before or during trial. Sometimes irrelevant evidence that should not be admitted gets into trial evidence because of a lawyer’s inattention.

These and other trial errors can make a big difference in a client’s future and are just a few examples of trial errors that could result in Connecticut legal malpractice – but we can help.

Title Searches: Fertile Ground for Legal Malpractice in Connecticut

2009-10-27T14:24:00.000-07:00

Before issuing a title insurance policy, insurance companies rely on the knowledge and expertise of lawyers to handle title searches. In turn, real estate developers trust attorneys to address Connecticut title related issues. When Connecticut real estate lawyers screw this up, the costs to clients can be through the roof - but we can help.

Before signing off on a title search, lawyers should properly inform their clients of the condition of the title to the real property. If the title is not properly cleared and someone else makes some claim on that property, the client may be faced with costly litigation, or worse a significant devaluation of the property. Improper title searches may result in a client not being aware of easements on their property. Easements and covenants can restrict the owner’s ability to use the land. When these are not known before a real estate transaction is closed, the result is that a client may now own property that is unusable for its intended purpose. These are screw ups that lawyers should never allow to happen – but we can help.

Zoning changes are another key area where real estate lawyers mess up. Real estate is only as valuable as its available uses. When Connecticut lawyers fail to properly address land use issues such as zoning before the real estate transaction is closed, the client may be left with a property they cannot use.

Real Estate Related Legal Malpractice May Be On The Rise

2009-10-13T12:25:00.000-07:00

Times have changed. A few years ago, when the real estate market was rising, an attorney’s errors and omissions when handling real estate transactions were often overlooked. If a piece of property proved unsuitable for its intended use after a transaction was completed, the property was often sold at a profit with minimal harm to the client.

However, with the recent downturn in the real estate market, once inconsequential mistakes have become serious liabilities. Real estate related legal malpractice in Connecticut may develop as a result of many different types of errors including, zoning issues, title issues, title insurance issues and contract errors. With the value of property falling rapidly, property owners cannot afford to be seriously harmed by lawyer screw ups surrounding their real estate transaction. These errors are easily avoidable but when they do happen – we can help.

Misrepresenting Potential Damage Awards May Lead to Legal Malpractice in Connecticut

2009-10-13T10:55:00.000-07:00

Honest communication between Connecticut lawyers and clients is very important. It is perhaps most important when discussing settlement. When discussing settlement with the opposing side, lawyers cannot keep their clients in the dark.

Cases of legal malpractice in Connecticut often arise out of a lawyer’s failure to keep clients informed of settlement offers from insurance companies in personal injury cases. Often, insurance companies have policy settlement limits that the lawyer is aware of, but the client is not. Seeking to make a quick buck, sometimes lawyers will not even file the law suit at all but will urge the client to settle for the policy settlement limit without informing the client that it is the settlement limit. Lawyers are under an ethical duty to keep their clients reasonably informed when asking them to make settlement decisions. If issues like these arise while your Connecticut attorney is representing you; we can help.

Laywers Who Fail To Reveal A Conflict Of Interest May Face A Legal Malpractice Action In Connecticut

2009-09-03T12:46:00.000-07:00

During litigation in Connecticut, lawyers must be mindful of their ethical obligation to put a client’s interests above all others. The Connecticut Rules of Professional Conduct do not allow an attorney to represent a person against a former client in the same case, or in a related matter, or to argue information connected to an earlier representation to the disadvantage of a former client.

For example, if an attorney has a business or personal relationship that causes a client to suspect that their confidential information was disclosed to another to the detriment of the client, the lawyer has created a conflict of interest. If the conflict of interest works to the disadvantage of the client, the Connecticut lawyer might be liable for legal malpractice in Connecticut. Located in West Hartford, CT, we can help with Connecticut legal malpractice issues, like conflicts of interest, all over the state.

Dropping a Client Requires Unambigous Communication

2009-08-27T13:08:00.000-07:00

Sometimes Connecticut lawyers leave the law firm they are working for to go work for another one. Often they take cases they have been working on at the old firm with them to the new firm. In some instances the new firm may not want the client’s case. When this happens, it is the duty of the Connecticut lawyer to unambiguously communicate to the client that they are withdrawing from the case. Failure to do so might jeopardize the client’s legal rights but we can help.

For example, if a Connecticut lawyer fails to unambiguously communicate to her client that they are withdrawing from the case, and the client ends up missing a deadline to file a law suit, the lawyer may have committed legal malpractice for missing a Connecticut statute of limitation.

Breach of Fiduciary Duty is Legal Malpractice in Connecticut

2009-08-07T12:48:00.000-07:00

With regard to Connecticut legal malpractice, a breach of fiduciary duty occurs when an attorney puts someone else’s interests above their client’s interests in a legal matter. It also occurs when Connecticut attorneys are more interested in recruiting clients than serving the ones they currently have.

Often, an attorney will commit legal malpractice in Connecticut by suing the wrong party, missing a deadline, or not properly investigating the claim. The lawyer may then realize the mistake, but fail to inform the client. Or worse, the lawyer may attempt to convince their client to settle his or her claim for a minimal recovery without fully disclosing the attorney’s mistakes leaving the client with no legal recourse. It’s unfortunate when this happens but we can help.

A lawyer may breach his or her fiduciary duty to a client in Connecticut by doing one or more of the following: setting aside cases that appear to be minor, asking a client to accept a minimal settlement when the facts indicate the client may have a bigger claim, failing to offer appropriate advice, missing a filing deadline, filing an improper document, or ignoring a conflict of interest. Anyone of these acts may lead to a legal malpractice suit in Connecticut and we can help. Lawyers screw up, but they should never represent their own interests above their clients'.

Does Your Lawyer Have Connecticut Legal Malpractice Insurance?

2009-08-05T12:53:00.000-07:00

Lawyers do behave badly - they screw up, they make mistakes and they are negligent. They may not always do it on purpose, yet it causes damage; but we can help. Lawyers also are sued for legal malpractice and it is important for clients to be sure their Connecticut lawyer has Connecticut legal malpractice insurance. If they don’t, it may be that the insurance company knows something that you don't know. The insurance company may be refusing to give them insurance. Or maybe the lawyer does not want to obtain it (or doesn't have the money to spend on it). Do you really want to use an attorney who does not have insurance to protect you? Article: Beware Your Attorney May Be Bare

What is Connecticut Legal Malpractice?

2009-07-31T14:05:00.000-07:00

Not everyone is clear as to what constitutes legal malpractice in Connecticut, but we can help. In Connecticut, legal malpractice has been defined as the failure to “exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession...result[ing in] injury, loss, or damage to the [client]” Davis v. Margolis, 215 Conn. 408, 415, 576 A.2d 489 (1990).

Some of the complaints that may lead to a legal malpractice lawsuit in Connecticut include: mishandling client funds, incompetence or inexperience, missing a statute of limitation, missing another important court deadline that has a negative impact on the case, failing to properly advise a client about their options, failing to properly gather the proper evidence needed to present a comprehensive case, failing to prosecute a case and having it dismissed and conflicts of interest between lawyer and client that go unaddressed.

All of the above are examples of a lawyer acting negligently in failing to exercise the “degree of skill and learning commonly applied” by the “average prudent reputable” lawyer. Id. If the client can prove damages as a result of this negligence they may have grounds for pursuing a Connecticut legal malpractice law suit.

Badly Drafted Documents: Two Deleted Paragraphs Cost Law Firm $150 Million

2009-07-28T13:56:00.000-07:00

Poorly drafted documents by a Connecticut attorney can sometimes be the source of significant liability for clients. We can help with issues associated with the improper handling of important legal documents. Poorly drafted language may provide insufficient compensation for a breach of contract. Additionally, if contractual language is not carefully selected it may unintentionally provide a contract party with a way to void the entire contract. Badly drafted documents by Connecticut lawyers can end up costing clients a lot of money.

For example, recently a law firm was representing a company looking to enter the national cable market. The law firm was charged with the duty of drafting and reviewing the contracts for the transaction. An associate of the law firm accidentally deleted two paragraphs from the transaction document which ended up costing the company millions of dollars. The company sued the law firm for legal malpractice and the firm settled the lawsuit for $150 million. The National Law Journal reports the entire story here.

That’s 150 million reasons for lawyers to make sure they are properly drafting their client’s important documents. If you need help with drafting important transactional documents or if your Connecticut lawyer’s badly drafted documents have cost you money, we can help.

Failing to Properly Investigate & Perform Discovery: Value of Eric Clapton Guitar Leads to Legal Malpractice Suit

2009-07-24T12:50:00.000-07:00

When lawyers fail to properly investigate or perform discovery on a matter the consequences can be devastating to a client’s legal and financial position. Legal malpractice in divorce cases is not uncommon. This can happen when a lawyer ignores or overlooks a witness who has knowledge that might have helped the client’s case. Another example is a situation where your attorney fails to follow up on discovery information obtained from opposing counsel during a substantial divorce case.

For example, one New York court recently denied a motion to dismiss by an attorney being sued for insufficiently investigating a husband’s assets. The plaintiff-wife believed that the attorney’s failure to retain a forensic accountant and his subsequent acquiescence to the husband’s valuations of the assets caused her to be short-changed in the equitable distribution of marital assets. Included in the assets the wife alleged she was short-changed on, was a very valuable Eric Clapton guitar that may have been undervalued to the extent of $300,000; a very costly error by the attorney. These attorney mistakes occur all the time and we can help if it has happened to you. When Connecticut lawyers fail to properly investigate or perform discovery on cases our legal malpractice attorneys can help.

Improper Settlement May Cost You

2009-07-21T13:57:00.000-07:00

Times have changed and improper settlement is a prime example of the kind of legal malpractice that we can help you with. Lawyers have an obligation to inform their clients of all opportunities to settle a matter. Often, lawyers will refrain from informing a client of settlement opportunities because it may not be in the attorney’s best interest. Reasons for this may be that the lawyer has invested a great deal of time in the case and now fears that she would not be adequately compensated from a minimal settlement. This ends up in a client being uninformed and leads to a case being forced forward.

This is impermissible attorney misconduct. Attorney’s have a duty to put their clients’ interests ahead of their own. There are a variety of situations in which settlements could work to your disadvantage including:

-Settling your case without your knowledge or authorization of settlement
-Settling your case prematurely when it is not in your best interest
-Forcing you to settle against your judgment and wishes
-Failing to inform you of important developments in your case that may affect settlement
-Getting your case to cover up a mistake by your lawyer

Many times lawyers may know that they have mishandled your case and committed malpractice, but they wish to resolve it quickly in the hopes that your case will just go away. Some lawyers will go so far as to write letter after letter to the client, telling them how bad their case is, and try to force them into an inadequate resolution. They may even go so far as to accept a settlement offer on the client’s behalf without the clients’ authorization to do so. If your attorney has handled your case improperly or failed to inform you of a settlement offer we can help.

Economic Downturn: Will Lawyers Pay The Price?

2009-07-17T13:55:00.000-07:00

Experts are predicting that the current economic downturn will lead to a nationwide increase in the number of legal malpractice suits. This includes legal malpractice by Connecticut attorneys. The main theory is that lawyers who are feeling the bite of the economic recession will begin to take on work outside their normal core practice areas. Areas, that in the past, they typically would have referred to a lawyer with more specialized knowledge in that area of law.

Unfortunately, when lawyers take on cases that are outside of their normal skill set, the chances that they will miss a deadline or screw up something else skyrockets. The result is that clients get harmed, but we can help. The message that needs to be taken from this is that now, more than ever, it’s important for clients and attorneys to make sure that cases are handled by lawyers that are knowledgeable in the particular area of law involved in the case.

Protect Yourself From People Behaving Badly: One Lawyer's Philosophy On Legal Malpractice

2009-07-14T12:44:00.000-07:00

A lawyer once asked me - how can you sue other lawyers, isn't it like eating your own? My response is simple - our system works to make the medical profession better by holding doctors responsible for their actions and to provide for compensation to victims damaged by the negligence of a doctor. It must do the same for individuals damaged by lawyers. It is simple - victims of a lawyer’s malpractice, where a lawyer screwed up, also deserve and are entitled to compensation for their damages. Lawyers behaving badly, just like anyone else, need to understand that they are not immune from compensating the victim. We Can Help!

This is just an intro on my philosophy about Malpractice – 100’s of years ago it was considered revolutionary to allow people to seek damages from each other for injuries caused by negligence. This was both to foster a sense of justice, but also to avoid literal attempts at self help - an eye for an eye. Today when someone is negligent, which is nothing more than the failure to act as others would or should in the same situation, our courts provide for a shifting of the burden of the injuries from the person who negligently caused the injury to the injured person - or family of - the injured person. This applies whether it is a simple automobile crash or the malpractice of a professional such as a lawyer, doctor, architect or an accountant. We sue these professionals on behalf of our clients. Through this Blog I hope you will both better understand what it is that we do when we sue doctors, lawyers or other professionals who have behaved badly, but also that you may find a way to avoid this very same thing from happening to you or someone you love.

Lawyers Really Screw Up – Missing Deadlines

2009-07-09T12:43:00.000-07:00

Almost 20% of malpractice claims against lawyers are because they blew a deadline, otherwise known as a statute of limitation. A statute of limitation is a law that provides for a time period that, once past, forever bars someone from pursuing a particular legal claim. Missing a statute of limitation can compromise a client’s entire case and lead to serious legal and financial consequences.

If you’ve been victimized by the negligence or incompetence of a lawyer who wasted time suing the wrong defendant, or filed the wrong claim, we can help. Our legal malpractice attorneys hold other lawyers accountable because many of these attorney errors could have been avoided. These mistakes cost clients money and are frequently grounds for a legal malpractice action. In this day and age of computers and sophisticated diary programs lawyers should not be missing deadlines but when they do, we can help by filing a legal malpractice lawsuit against your former attorney.

Holding Lawyers Accountable: Connecticut Legal Malpractice Attorneys

2009-07-09T12:42:00.000-07:00

Most people know that lawyers can sue doctors, nurses, accountants, engineers and other professionals for damages and deaths that they’ve caused through what lawyers and judges call deviating from the standard of care. However, times have changed, and malpractice
law now includes a growing variety of negligent or unethical behaviors by lawyers. Our attorneys have a wealth of experience handling all types of legal malpractice matters.

Connecticut lawyers are licensed and sworn to provide competent, diligent and honest representation to their clients. As lawyers, we have a fiduciary duty to always represent our client’s best interests. When Connecticut lawyers fail to properly represent their client’s interests, we can help.

The experienced attorneys at Stanger & Arnold, LLP have provided skilled legal malpractice representation for clients throughout Connecticut. Contact our firm today to schedule a confidential consultation with one of our experienced attorney negligence lawyers.