Has Your Lawyer Settled A Case Without Your Authorization?

Almost two decades ago, Harry H. Schneider Jr., a partner at Perkins Coie in Seattle, published his “Top Ten” list of Legal Malpractice in the March 1994 issue of the American Bar Association Journal. Entitled See You In Court, Follow These Ten Rules and You, Too, Can Be Sued for Malpractice, this article touched on many malpractice issues that remain relevant to this day. Number nine on the list was: “Settle a Matter Without Written Authorization From Your Client.” For what it’s worth, if we had written this list, we would have may have ranked this rule higher.

Although some lawyers require their clients to sign contingency agreements allowing the lawyer to settle without the client’s consent, generally the decision to settle is the client’s and the client’s alone. If your lawyer settled behind your back to make a quick buck, check your contingency agreement. Or better yet, bring it to us. We’ll take a look and let you know if you've got a case.

Who’s the Boss?

Has your lawyer ever convinced you to take an action against your better judgement? Have you ever been convinced to follow what you thought was sound lawyerly advice only to find out that this “advice” prejudiced you or cost you a significant chunk of change? Well, it may come as a surprise, but your lawyer is professionally and ethically required to follow your instructions. You make the decisions regarding your representation, not your lawyer.

A lawyer’s job is to help you navigate the labyrinth that is our legal system. Of course, a lawyer’s familiarity with the legal process enables that lawyer to make informed decisions regarding your case but the final decision is yours and yours alone. If you've ever been pressured to settle a case when you wanted to go to trial or if you've been convinced to change your position against your better judgement you may be able to recover damages against your former attorney. Remember, your lawyer works for you, not the other way around. At Stanger law, we’re ready to work for you. Call us, we can help.

Lawyers Suing Lawyers

Any time a person is injured due to medical malpractice the victim contacts a lawyer to evaluate the claim against his doctor without a second thought. So why are victims of legal malpractice hesitant to do the same regarding a claim against their attorneys? Many aggrieved clients believe that lawyers are a group of good ol’ boys who will refuse to bring suit against a fellow member of their guild. Although this may still be true of many lawyers, we, at Stanger & Arnold, are dedicated to recovering damages for our clients no matter who is the adversary. If you’ve been injured by negligent or fraudulent legal representation, call Stanger & Arnold today. We’ll stand with you and help you recover your due compensation. Times have Changed. We are here to help.

Lazy Lawyers

A lawyer’s life is full of deadlines. Judges require pleadings and motions to be filed at specific times, states enact statutes of limitations to cut off long-term liability, and opposing counsel set hard deadlines for conducting negotiations. It’s a hectic life for sure, but meeting these deadlines is the only way to serve our clients with competence and respect. As the Connecticut Practice Book (a.k.a. the “Lawyer’s Bible”) notes: “Dilatory practices bring the administration of justice into disrepute.” We couldn’t agree more.

But what happens when a lazy lawyer misses a deadline?

The truth is that late filings or missed deadlines can have drastic effects on not only the cost of your legal service but potentially on the viability of your case. If a lazy lawyer waits until the last minute to file a motion with the court the quality could suffer. What if the lazy lawyer neglected to file the proper paperwork to renew your business license? What if he forgot to file a claim until after the statute of limitations had run? What if he didn’t have you in to execute your will in a timely manner? In such instances, your livelihood, your expectations, or your ability to gain adequate compensation for your injuries may be irreparably harmed.

If you suspect that you’ve been misrepresented or duped by a lazy lawyer, give us a call. We’ll look into the issue and make sure that your interests are adequately—and promptly— represented.

Alternative Fee Arrangements Gaining Steam

It’s no surprise that one of the biggest concerns in the lawyer-client relationship involves fees. After all, even the most clear-cut fee agreements can be difficult to swallow—for the client as well as the lawyer. Well, as we’re fond of saying around the office, “Times have changed. We’ve changed with the times.”

According to the American Bar Association (ABA), the trying economic environment of the last few years has given rise to a change in the structure of legal fee agreements. Gone are the days of the rigid hourly billing method, the modern trend points towards alternative fee arrangements that provide flexibility for both lawyer and client. In fact, the ABA has reported that in a recent survey regarding alternative fee arrangements, “Of the 218 law firm respondents, only one reported that their firm does not employ alternatives to the hourly billing rate model other than discounting.” An A For Alternatives, ABA Journal, vol. 98, Nov. 2012.

The rise of alternative fee agreements has proven to be a boon to the industry. While many legal services are still best served through hourly billing, alternative fee arrangements expand the range of services that a firm can offer. Here at Stanger & Arnold, we recognize that certain situations call for alternative solutions. Contact our office if you’d like to learn more about our alternative fee arrangements.

Model Rules for Lawyer Discipline Enforcement Currently Under Review

You may know that the American  Bar Association (ABA) promulgates the Model Rules of Professional Conduct but did you know that the ABA also distributes the Model Rules for Lawyer Discipline Enforcement? Where the former are the basis for individual state-based ethical standards, the latter form the basis for the state-based procedures for investigating and prosecuting the complaints against lawyers who are alleged to have violated the ethical standards. So why are we telling you this? Because this review will likely have a significant impact on the legal malpractice landscape of the future. By all accounts, the ABA is going to set a hard line on the enforcement of these ethical standards. Furthermore, the ABA is likely to explore mechanisms to address attorney discipline in the current tech-savvy climate. We’ll be watching for further developments on this topic and so should you.

Watch Out For Quantum Meruit Claims

If you’ve been the victim of legal malpractice you may want to familiarize yourself with the concept of “Quantum Meruit.” Translated from Latin, Quantum Meruit means, “As much as is deserved.” In the legal world, this is an equitable concept applied by courts to compensate a party in the absence of a legally enforceable contract. But why is it important in the context of legal malpractice? It’s important because even if you fire your lawyer because they are doing a poor job, the lawyer may be able to use the doctrine of Quantum Meruit to pursue a claim against you for services provided. This is true even if the attorney was hired on a strict contingency basis, as is generally the situation in a personal injury or tort case. If you’ve recently fired your attorney because of their negligent representation you may want to check your fee agreement for any language regarding “services rendered” or Quantum Meruit. Better yet, give us a call and we’ll do the dirty work for you.