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 In these situations, replacement counsel files an appearance in the case and the pervious lawyer will be withdrawn from the case.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.
Wednesday, August 18, 2010
Wednesday, August 11, 2010
Legal Malpractice Extends to Foreclosure Matters
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.
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.
Wednesday, August 4, 2010
Unprepared Attorney is No Reason to Settle
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.
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.
Wednesday, July 28, 2010
Lawyers: More Then Just a Punch Line
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.
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.
Wednesday, July 21, 2010
Is Broken Confidentiality Legal Malpractice?
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.
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.
Wednesday, July 14, 2010
The Economy and It’s Effect on Legal Malpractice Cases
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.
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.
Wednesday, July 7, 2010
Conflict of Interests Can Lead to Legal Malpractice
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.
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.
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