It is important to ensure that the client is willing to invest the time and money necessary for the lawyer to build and implement an effective case for him. A lawyer has a fiduciary duty of the highest personality to his client. This duty includes a duty of loyalty, which means that a lawyer cannot accept employment from another client or act in a manner contrary to the interests of a current client without the consent of the latter, including with respect to an unrelated matter and even if the current client is not an named party to the matter. in which adversity occurs. A lawyer is required to maintain the client`s trust in the event of danger to himself, unless client secrecy implies an intention to commit a future crime or fraud, or if the client intends to commit perjury. Even in civil proceedings, a lawyer is required to promptly inform his client of any settlement offer received from insurance companies or other parties to the case. Any other conduct may constitute a breach of fiduciary duty, depending on the circumstances. As a lawyer, it is the lawyer`s duty to protect the interests of his clients. However, it is also important not to lose sight of the fact that lawyers must take the task of protecting themselves just as seriously. Whether an error reaches the level of a legal error will raise a variety of other considerations, but keeping these fundamental questions in mind is a good start in the analysis.
Not all mistakes made by a lawyer are considered errors of law. Rather, there is an error of law when a lawyer deals with a matter inappropriately because of negligence or with intent to cause harm and harm to a client. In order to successfully perform a legal error procedure in most jurisdictions, you must prove a lawyer`s relationship between you and the lawyer, a breach of the duty of competent representation (negligence), causation, and financial loss. Time is of the essence, which means that there is a limited amount of time during which a customer must file a lawsuit for a legal error. In Texas, the general time limit for bringing a negligence action against an attorney is two years from the date the aggrieved party knew or should have known of the error of law. Claims that fall under the two-year statute of limitations include negligence, misrepresentation, and violations of Texas` Deceptive Marketing Practices Act. Most cases against lawyers fall into this category. Lawsuits against lawyers for fraud, breach of fiduciary duty, and breach of contract are subject to a four-year statute of limitations. This means that the injured party must bring an action within these time limits, failing which the procedure may be time-barred. However, there are equitable remedies that can extend the time limit for filing a claim.
In addition, each State`s limitation period may vary from State to State. Contact a lawyer who specializes in legal errors in Chicago to discuss your situation. Negligence, breach of contract, breach of fiduciary duty, fraud, and violations of Chapter 93A, Massachusetts consumer protection law, are some of the theories we use when making claims against attorneys for misconduct. In most cases, legal errors require the existence of a solicitor-client relationship, either by express agreement or tacitly. See Owens v. McDermott, Will & Emery, 736 N.E.2d 145, 155 (ill.app. 2000), which states that in order to “properly state an exception of error of law, a plaintiff must assert in his complaint: it depends. Making an error of law does not necessarily mean that a lawyer has violated a rule of professional conduct. If a lawyer has violated one or more rules of professional conduct, a complaint to the State Bar Association may result in disciplinary action against the lawyer, which may result in the loss of his or her right to exercise that right in that jurisdiction. This is a way of preventing the lawyer and other lawyers from violating the same rules of professional conduct in the future. However, filing a complaint with the State Bar Association may affect a client`s claim against the lawyer, and such a decision should be made after consultation with an experienced attorney for legal errors. In the event that a lawyer has committed professional misconduct in a legal dispute, the client usually has to prove the “case in a proceeding”, which means that the client must prove two cases in one.
The client must prove that his lawyer committed professional misconduct and that the client would have obtained a more favorable outcome in the dispute without the lawyer`s fault. If the favorable result would have been a sum of money, the customer must also prove that the compensation could have been recovered from the original defendant. While cases of legal error can be complex, in some cases, filing a malpractice suit against a lawyer who was negligent in your case may be your only recourse. The error of law may be obvious, such as a missed delay or a limitation period. In other cases, the issue may fall into the “grey area” of whether a legal error occurred and whether it had a significant impact on the outcome of your case. If you believe that your lawyer`s negligence has caused you financial harm, you need a lawyer by your side who has experience in litigation in the event of legal errors. As a condition of retaining a lawyer, a client may require the lawyer to provide a copy of his or her malpractice insurance and maintain malpractice insurance coverage throughout the performance at a level sufficient to indemnify the client if the lawyer commits professional misconduct. If the client decides to include such a requirement in the contract with the lawyer, it should be included in the legal services agreement, a letter of order or any other type of written agreement between the client and the lawyer. What is the difference between a bad tactical decision and legal misconduct? I highly recommend Patrick Malone & Assoc for any legal questions you may have. I dealt directly with Al Clarke and he was professional, aggressive on my behalf and attentive to my case. It is important to note that Al was also reality-based throughout the process, so he never wasted our time.