Attorney's Responsibility for the Acts of Others

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

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

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

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

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"

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

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.