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).

If Talk Fails Expect Your Attorney to Take Action

In an article on our website we point out the problem that some lawyers are not really willing to, or maybe don’t have confidence in their ability to go the distance. Negotiations are great – but all to often we get calls from people who have settled their case on the recommendation of their lawyers and then afterwards wonder if they should have gotten a better deal. Settlement is great if both parties are disappointed but not rebellious. Also it is widely believed that if you have a lawyer that the other side knows will go the distance, yes that lawyer really will go to court to present a case to the judge or jury, then the other side is more likely to agree to a better deal for that lawyers client.

See our article: If Talk Fails

Lawyers May be Friendly with Each Other Even Though on Opposite Sides - But it is Still Their Job to be the Bad Guy to get the Right Deal

It is a lawyer’s job to do what is best for the client within the confines of the law. We are the gladiators. If a lawyer is friendly with opposing counsel, that is a question of style and is fine within limits. There are  situations where lawyers can be too friendly with the other lawyer. If you suspect that your lawyer is to friendly, always arguing the other side in conversations it could be you are wrong or it could be that the lawyer is not looking after your rights. Consider getting a second opinion from an independent lawyer. Expect your lawyer to be your Gladiator - http://www.stangerlaw.com/CM/Articles/Gladiator-BHSWinter2012Article.pdf

If you seriously think he or she has sold out or is just trying to get rid of you – get a second opinion. Can We Help? Call us at 860-561-0651 or 888-sta-nger or e mail us at info@stangerlaw.com.

Suing a Lying Lawyer

Suing a Lying Lawyer – One Who Intentionally or Negligently gets you to do Something by Perpetuating a Lie

Suing a lawyer is not hard – the law is clear a lawyer is responsible to his/her client if the lawyer screws up – is negligent. But what if the lawyer you want to sue was representing the other side. I wrote an article sometime ago limited to suing a lawyer for malpractice: 

http://www.stangerlaw.com/CM/Articles/SuingOpLawyer-BHSWinter2012Article.pdf which essentially says you can only sue a lawyer who was not representing you if the lawyer was hired to do something for you. But there is another way – you can sue a lawyer for lying or misrepresenting things. You can sue the other party’s lawyer for telling you an outright lie that is intended to get you to do something. Negligent misrepresentation by a lawyer or intentional misrepresentation by a lawyer could be the way you get damages you entitled to under our law.

Lawyer may have been negligent, but no malpractice

Even if the lawyer was negligent (committed malpractice) the case is not worth pursuing if the client was not hurt.  Without damages caused by the negligent act of the lawyer – technically there is no viable case.  See a recent article on just this situation. 

http://newsandinsight.thomsonreuters.com/Legal/News/2012/07_-_July/Lawyer_may_have_been_negligent,_but_no_malpractice__appeals_court/

Aurora Shooting

WHAT IF A LAWYER KNEW HIS CLIENT WAS GOING TO SHOOT UP A MOVIE THEATRE

There has been some speculation and facts about what James Holmes’ (Aurora Theatre) university or therapist may have known before as well as what duty they had to take action. 

Clients know that what they tell their lawyer is privileged.  The lawyer is not permitted to share that information with others.  Even if a client gives the details of a terrible crime that the client committed the lawyer is not permitted to tell anyone.  But what if the information that the client shares with the lawyer involves future conduct; the client tells the lawyer he is going to cause substantial harm to himself or to someone else. 

If a lawyer reasonably believes his or her client is going to cause substantial injury to himself or to someone else, the lawyer must take reasonable steps to prevent that harm.  It could be telling the police about a crime the client is going to commit.  Or it could be calling the clients family or doctor if the lawyer reasonably believes that the client is likely to hurt him or herself.  

The penalty for not speaking up is not criminal – it is that the lawyer could be reprimanded or disbarred by the courts in Connecticut. 

Should society create a duty for a professional to come forward?