Title Searches: Fertile Ground for Legal Malpractice in Connecticut

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

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

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

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

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

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?

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