Real Estate Overtakes Personal Injury As Top Area For Legal Malpractice Claims

On September 6, the ABA released a comprehensive report detailing some interesting changes in the legal malpractice world. The report, “Profile of Legal Malpractice Claims: 2008-2011,” states that malpractice claims involving real estate transactions are now the most common type of legal malpractice claim (followed by personal injury and family law claims). Also of interest in the report is that while the number of low-dollar claims ($5,000 or less) has decreased over the period of the study, an increase in high-dollar claims has been noted. If you’ve been involved in a dispute with a former lawyer over a real estate transaction gone bad contact our office to get more information about pursuing a legal malpractice claim.

Why Is It So Hard To Win a Legal Malpractice Case?

Malpractice cases are notoriously tough to litigate. That’s because the plaintiff in a malpractice case must prove a case within a case. Specifically, the plaintiff must prove not only that the lawyer’s conduct was substandard, but the plaintiff must also prove that “but for” the lawyer’s error, the plaintiff would have won the case in which the lawyer represented him.

Due to these tough odds, many plaintiffs never pursue malpractice claims against their former attorneys. Perhaps they fear that the deck is stacked against them? At Stanger & Arnold, we sometimes go for the long ball. If you’ve been the victim of substandard or negligent legal representation, give us a call. We’ll get to the root of the problem and work with you to gain compensation for your loss.

Hidden Cameras and Privacy Rights

As Mitt Romney and his staff work tirelessly to rebut the innuendo surrounding his now- infamous comments about the 47% Americans who are government “dependent,” a legal issue lurks beneath the surface: Is it legal to secretly videotape a person without his knowledge or consent?

In the majority of states—38 to be exact—the consent of only one party to a conversation is required in order to secretly record that conversation. In other words, a conversation between two or more parties may legally be recorded even if only one of the participants knows and has consented to the taping. In the other 12 states, every party must know about and consent to the recording, otherwise any publication of the recording will violate the privacy rights of the non- consenting individual(s).

The secret recording of Governor Romney’s speech was made while he was stumping in Florida, a state where it is illegal to record a conversation without the consent of all parties. So was it illegal to secretly record and then publish the speech? The answer comes down to “expectations.” A private individual in a similar situation would have had a reasonable expectation of privacy such that any recording published without his consent would be considered an actionable breach of privacy. However, a Presidential candidate speaking on a matter of public concern to a group of constituents does not have a reasonable expectation of
privacy in such a situation.

But here in Connecticut recording things such as a telephone call is only permitted if everyone recorded consents – beware and be careful.

When Lawyers Go Wrong: Embezzling Funds

Whether it is a retainer, a settlement award, or funds held in escrow, the most sacred charge of an attorney is to protect and hold safe his client’s money. Unfortunately, some attorneys just can’t resist the temptation.

Take, for instance, an Arkansas lawyer who was sentenced to more than 7 years in prison and ordered to pay $8.8 million in restitution for stealing $9.3 million from an escrow fund containing proceeds from a class-action settlement. Better yet, look at a California lawyer who pocketed more than $40,000 from her client’s escrow account while he waited for his divorce to be finalized. Or what about an Attorney from Missouri? The show me state. Earlier this month he was sentenced to 5 years in federal prison for embezzling nearly half a million dollars from his clients! If you think every lawyer is above this type of behavior, think again. If you have been victimized by this type of fraud contact our office and let us take a closer look. We can help you try and get the money back. We Can Help!

Protecting Your Confidential Information In The Information Age

Legal malpractice claims don’t just involve missed deadlines or negligent legal work. Malpractice suits can also arise from a firm’s failure to protect your confidential information. Hardware and software malfunctions or improperly encrypted networks can result in security breaches that may have long-lasting effects on the firm’s clients. Just think of the potential for problems. Your lawyer has access to your social security number, your bank account numbers, your credit card numbers, and other personal information describing you and your loved ones.

If your confidential information has fallen into the wrong hands because your lawyer didn’t take the proper steps to protect this information, give us a call at 860-561-0651 or 888-sta-nger or email us at info@stangerlaw.com. We Can Help.

More Fallout From Recent ABA Survey

Another interesting tidbit released in the American Bar Association report, “Profile of Legal Malpractice Claims: 2008-2011,” involves the types of errors committed by lawyers being accused of malpractice. The report divides the errors behind the legal malpractice claims into four groups: Substantive Errors (45.07%), Administrative Errors (30.13%), Client Relations Errors (14.60%), and Intentional Wrongs (10.19%).

The good news in this report seems to be that the so-called “Intentional Wrongs” have decreased in recent years from a high water mark of 13.53% in 2007. However, when Intentional Wrongs and Client Relationship errors are viewed in the aggregate, they account for almost 25% of all claims. This means errors that are about how the lawyer treats the client (not about the substance of the relationship) still account for nearly a full quarter of all legal malpractice claims. Seems to us that lawyers should act like professionals and act in the best interests of their clients. If you’ve been wronged by a former lawyer contact our office to get more information about your potential legal malpractice claim. Can we Help?

What is Legal Malpractice?

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)” (internal quotation marks omitted) Davis v. Margolis, 215 Conn. 408, 415, 576 A.2d 489 (1990).