What is Legal Malpractice?
The term "legal malpractice" refers to a lawyer’s failure to render competent and effective legal services. While there are many reasons people may hire attorneys, a few common reasons are litigation, real estate and criminal legal matters. A legal malpractice claim occurs when an attorney’s failure either through negligence or with ulterior motives causes a client to suffer from the adverse resolution of the client’s legal matter.
A legal malpractice claim can arise out of numerous situations. For example , an attorney can be held liable for legal malpractice if:
There are many others that can contribute to a legal malpractice claim. However, commonly held by most legal malpractice claims is the issue involving the failure of the attorney to perform competently while handling the case. If an attorney has a conflict of interest or fails to do a diligent and competent job on your behalf, resulting in injuring you, they may then be liable to you for damages.
When to Contact a Legal Malpractice Attorney
Promptly addressing the decision about whether or not to retain a legal malpractice attorney is important. The sooner the better. Meeting and speaking with legal malpractice lawyers will help you in making the right decision. There are some warning signs that should bring you to a legal malpractice attorney immediately:
· The attorney missed court dates, was not familiar with the law in your case, filed the case too late, missed the statute of limitations, settled when you told them not to, failed to pay judgment for you, or handled the case inappropriately;
· The attorney told you that you had no cause of action and brought one anyway;
· You were not given the first hearing date or the next hearing date;
· The attorney lied to you about the status of your case multiple times;
· The attorney had other clients with the same problem and missed deadlines for many of them;
· Your case is assigned a different attorney in the firm and you don’t know why;
· You did not receive any communication from the attorney for weeks or months;
· The attorney uses thoughts like "I am doing this for free," when you think you are paying the attorney a fee;
· The attorney says you don’t have a valid cause of action, but he is proceeding with the case anyway;
· The attorney charged you too much in fees, and you’re not being given a bill to review;
· The fee agreement is extremely vague;
· The attorney makes repeated, serious mistakes without admitting it or taking corrective action; and
· The attorney robs you of your peace of mind and mental health.
In some situations, such as where an attorney lies to you about the status of your legal matter and makes an agreement that the case will be tried in City Court when he knows in fact that it will be tried in District Court, this may be considered a federal case. This is an example of a case where you should consult a legal malpractice attorney to discuss suing your current attorney and perhaps hiring a legal malpractice attorney on a contingent basis to "clean up" your case. If we are retained, we may do so on a contingency basis, after discussing the specific issues, and only until the case is recovered. We can review the facts of your case, we can refer you to someone who can help you with your case and we can advise you as to whether your former attorney has done something wrong.
Choosing an Attorney for a Legal Malpractice Matter
When choosing a legal malpractice lawyer in Seattle, there are several important factors to keep in mind. First, consider their experience. Look for a lawyer who has been practicing law for a number of years and has a strong track record in handling similar cases. This will ensure that they have the knowledge and skills necessary to handle your case effectively.
Another key factor to consider is the reputation of the lawyer or firm. Look for a lawyer who has a good reputation in the legal community and among their clients. You can check online reviews and testimonials, or ask for references from past clients. If a lawyer has a lot of negative reviews or unhappy clients, it may be a red flag.
Additionally, it’s important to find a lawyer who you feel comfortable working with. Legal cases can be stressful and emotional, so it’s essential to have a lawyer who understands your situation and can guide you through the process. Look for a lawyer who is responsive to your concerns and willing to answer any questions you have.
Lastly, consider the cost of hiring a legal malpractice lawyer. Some lawyers charge by the hour, while others work on a contingency basis. A contingency fee means that the lawyer only gets paid if you win your case, while an hourly fee means that you pay the lawyer for their time regardless of the outcome. Make sure to discuss fees upfront before agreeing to work with a lawyer.
The Mechanics of Legal Malpractice
All legal malpractice claims involve these parts: on the one hand is the original case in which the attorney was sued or prosecuted; the case which the attorney should have been able to handle, and on the other hand is the lawsuit against the lawyer for damages, which is itself a lawsuit. The attorney fights back, and in that sense, the legal malpractice lawyer is returning fire from the attorney who did not do well by his or her client. Here are the parts of the legal malpractice process: (1) Client claims negligence or error by the attorney, and consults a legal malpractice attorney; (2) Attorney determines there is merit to the case and files the legal malpractice claim; (3) Independent "filed" expert review used to prove the case, if necessary; (4) In many cases, partial settlement for some monetary damages, but not enough to extinguish the case; (5) In many cases, partial settlement of defense costs and fees on the defense side; (6) Pending legal malpractice lawsuit in state court to recover the damage; (7) Mediation or arbitration is directed by the court after hearing preliminary motions; (8) Trial in court or at arbitration; (9) Damages recovered if the client prevails, or damages awarded to the defendant-attorney if the attorney prevails.
Challenges in Legal Malpractice Cases
Clients considering legal malpractice cases face a well-worn set of challenges and traps when facing the lawyer accused of wrongdoing. First the issue arises of "client versus non client". Many times the client is angry at someone else such as the second lawyer who lost the first case, or the appellate attorney for the loss at appeal. They think that this anger and error will suffice (or save them day) in the legal malpractice suit as it was not just one lawyer at fault. Not true. It is not the error of the second lawyer (or the third) that counts, but rather the first lawyer’s negligence that is the gravamen.
Second, there is the challenge of meeting the standard of care. The most common way to usually prove a negligence case involves retained expert testimony. But here the expert must be able not to only review the file and state what a prudent lawyer would have done, but also must have been "similarly situated" or very close to it . And how do you prove that? How do you find a legal malpractice lawyer who is also expert enough to say that the error is "just like mine"?
Third, there is the issue of damages. You lost the case. So does that prove damages? Not necessarily. Damages have to be calculated and a loss shown. Even still, legal malpractice attorneys usually obtain the dismissal of a case if lack of damages cannot be proved. Or, there are clients who insist that they can go on with their lives and do not care for the damages – O.K., but that hurts your case in terms of proving proximate cause.
Finally, legal malpractice cases with many parties are a challenge, much like the disqualification of attorney cases. Each party becomes embroiled in the case and a separate mess. Even worse, many legal malpractice cases involve family members suing by or through a trust. These cases conjure up issues of familial bonds that are hostile to the public.
The Functions of a Legal Malpractice Attorney
The legal malpractice attorney represents a central figure in any legal malpractice case. When you have a claim for legal malpractice, the attorney you select will become your most valuable asset or highest costly mistake. This is an attorney tasked with the duty to represent your interests in front of the court. As in any lawsuit there are many issues and aspects to the case which require the specialized skills and experience of an attorney. By nature legal malpractice cases are complicated. The facts and law behind this field of law are very complex and the defenses and attacks on your case by the defendant attorney will be very sophisticated. It is only through working with a legal malpractice attorney who knows these defensive techniques that you will be successful in pursuing your case.
The legal malpractice attorney is the only real line of defense an individual has against the defendant attorney. If your legal malpractice case involves an attorney who stole money from his or her client, it is likely that the attorney will have fled with the money. A legal malpractice attorney represents the victim attorney at depositions or your own testimonial. This means that the legal malpractice attorney will bring you into favorable light with the court and properly frame your testimony to avoid pitfalls or traps set by the opposing side. The legal malpractice attorney will also assist in preparing exhibits, research the law, order transcripts, file motions on your behalf and otherwise act as a zealous advocate for your legal malpractice case.
The Legal Environment in Seattle
The Puget Sound region is home to nearly 4 million people and at least 8,000 attorneys. The legal industry in Seattle is vibrant, multifaceted, and a core part of the economy.
The Seattle legal industry thrives on diversity. It is home to legal practices representing every area of law, including family law (including divorce and custody), estate planning and administration, business law (including corporate law), intellectual property (including patent and trademark protection), labor and employment law, real estate, criminal law, and personal injury law. Climate change has brought about opportunities in environmental law, often focused on ensuring public health and welfare. Several Seattle law firms focus exclusively on health care law, including medical malpractice.
With Deep Ties to the Local Community
Among the many firms in Seattle are those with family-centered specialties. While some take care of basic family law situations, others focus specifically on high net worth assets and property division and some even take cases to the other extreme, focusing on poor or low-income clients for whom they cover fees through government programs and eating most of the cost. Family law attorneys practice sometimes take on high-visibility family law cases, such as child custody and divorce disputes that make headlines. Others, however, have a reputation for discretion, confidentiality, and privacy and regularly serve high-profile members of the business community. Still other family law attorneys have specialities in sometimes-overlooked sub-practice areas, including prenuptial and postnuptial agreements, property division involving business ownership, spousal support, and child support.
The growth of Seattle as a business hub means local businesses — handling everything from research and development to retail locations — rely on legal counsel. Some Seattle-based law firms have established expertise in representing tech and manufacturing companies in legal matters relating to intellectual property, corporate transactions, private equity, contracts, and commercial real estate.
Microsoft’s headquarters in Seattle has spurred the growth of other technology-oriented companies in the region, in areas ranging from online shopping to agriculture technology. This also has attracted a variety of law firms oriented toward supporting the business community. These firms offer legal counsel in the areas of business law for early-stage technology, life science, intellectual property, venture capital investment, growth equity and mergers and acquisitions.
Seattle’s location on the Pacific Rim and its role as a trans-Pacific business and legal center mean it serves as a regional hub for international business settlements and litigation, and this was recognized in May 2016, when the Washington Supreme Court authorized the new International Commercial Arbitration Centre. The new center will support the settlement of international commercial disputes in Seattle, thus raising the profile of the city for businesses which believe their legal issues may be better resolved in the Pacific Northwest. This new center can assist those with claims that involve parties in Seattle, but also bring the attention of attorneys who build the legal resource that serve the area.
Client Rights/Attorney Duties
If you have ever engaged the services of a legal professional in Seattle or anywhere in Washington State for that matter, you probably had all the basic expectations for effective representation. You would expect your Seattle based attorney to earn their legal fees by timely attending to your case, keeping you informed throughout the proceedings and ultimately, efficiently helping you to achieve your desired outcome. The nature of the arrangement between you and your attorney is an implicit contract of expectations and obligations that both the client and the attorney must fulfill. When the attorney fails in their duty , the client whose legal rights are violated can exercise their rights to seek legal recourse in Washington.
As a client of an attorney, you have a few key rights identified by Washington State law: Most importantly, you have the right to bring malpractice lawsuit for damages against your legal counsel should they fail in their obligations which results in measurable harm to you.
