Legal Malpractice: What is it?
Legal malpractice is a civil suit against an attorney for inadequate, ineffective or negligent services. Just like doctors, lawyers are held to a certain standard when it comes to how well they perform their job, and if an attorney’s performance does not meet that standard, then the client can sue them for legal malpractice. An attorney breaches his/her duty to a client when he/she fails to competently and effectively protect that client’s legal right, the client’s legal interests, or the client’s financial interests. This is typically done by the attorney making a mistake , or failing to do something that a reasonably competent attorney would have done.
The most common legal malpractice cases deal with attorneys missing a filing deadline or the expiration of a statute of limitations, having conflicts of interest with opposing counsel, failing to include necessary and important information in contracts, or failing to adequately prepare for court. Common scenarios which typically involve legal malpractice include business attorneys failing to adequately protect the property of a business when starting a new venture, family law attorneys failing to protect the custodial rights of children, or failing to get a fair settlement in a personal injury case.
Help from an Oregon Legal Malpractice Lawyer
Oregon is known for its picturesque landscapes, vibrant communities, and a relatively straightforward legal framework. However, even in a state with a reputation for clarity and quality, legal mishaps can occur. When the unexpected happens and a legal representation falters, it is vital to seek the assistance of a legal malpractice attorney in Oregon. Legal malpractice, defined as professional negligence by a lawyer resulting in damage to a client, is the basis of many legal malpractice claims. In Oregon, this misconduct could range from failure to meet filing deadlines, not adhering to the direction of the client, or any instance where the standard of care ordinarily exercised by lawyers in similar circumstances is not met. Once it’s determined that there has been a breach of duty, the focus then shifts to how that breach adversely affected the client. Legal malpractice cases are often convoluted, both in their substance and process. Oregon courts have statutory time limitations, known as statutes of limitations, that dictate the amount of time an aggrieved party has to file a lawsuit. The clock on these time limits usually begins ticking when the damages are discovered. Legal malpractice claims in Oregon must be filed within two years of when you knew or reasonably should have known that you were harmed by your attorney’s action. More than a few times, the aggrieved lose their case because they simply waited too long. Gaps in timing create loopholes that the defendant or opposing party will undoubtedly try to exploit. This is why the help of an Oregon legal malpractice attorney is crucial; their expertise can help determine what and when the statute of limitations might start, helping to avoid common pitfalls of legal malpractice claims. Moreover, Oregon legal malpractice attorneys are adept in understanding and applying specific statutory nuances and state laws that pertain to these types of cases. Given that the legal malpractice framework is highly specialized, having an attorney who is well-versed in local laws and precedents helps in effectively maneuvering through the legal landscape. An Oregon legal malpractice attorney can also provide assistance in filing a malpractice claim with the State Bar Association and filing malpractice insurance claims. They will also be there to employ the right expert witnesses to support your claim if necessary for each of the stages of your case. Finally, of course, by helping you collect all of the damages, an Oregon legal malpractice attorney will make it more likely that you will be able to recover some of your loss.
Hiring the correct Legal Malpractice Attorney in Oregon
When it comes to finding the right legal malpractice attorney in Oregon, there are several important factors to keep in mind. One of the key factors is experience. A lawyer with a strong track record in legal malpractice cases will be more likely to be able to provide effective representation and help you navigate the complexities of these types of claims.
Another important consideration is the reputation of the firm or attorney you are considering. Look for an attorney who is well-respected in the legal community, and who has a history of successful outcomes for clients. Client testimonials and reviews can also be a valuable resource in finding the right legal malpractice attorney.
Other factors to consider when selecting a legal malpractice attorney in Oregon include areas of specialization, communication style, and overall approach to legal representation. By carefully considering these factors when choosing an attorney, you can ensure that you select someone who is well-equipped to handle your case and provide the support and guidance you need throughout the legal process.
What to Do if You Think You’ve Been a Victim of Legal Malpractice
If you suspect that you have been the victim of legal malpractice in Oregon, it is crucial to take action as soon as possible. Here is a step-by-step guide on how to handle the situation:
Step 1: Document Everything
The first thing you should do is document every aspect of your case related to the alleged legal malpractice. Keep a detailed record of all communications, documents, and actions taken by your previous attorney. This information will be vital for your new attorney to evaluate your case and determine if you have a valid claim.
Step 2: Consult with a Qualified Legal Malpractice Attorney
Once you have gathered all the necessary information, you should consult with an experienced legal malpractice attorney in Oregon. They will be able to review your case and advise you on the best course of action. It is important to choose an attorney who has experience handling legal malpractice cases and is familiar with the specific laws in Oregon.
Step 3: File a Complaint with the Oregon State Bar
If you believe that your previous attorney acted unethically , you can file a complaint with the Oregon State Bar. The Bar will review your complaint and investigate any allegations of misconduct. However, it is important to note that filing a complaint with the Bar does not mean that you will be able to recover damages for legal malpractice.
Step 4: Determine Your Damages
In order to have a successful legal malpractice claim, you must be able to prove that you suffered damages as a direct result of the attorney’s negligence. This could include financial losses, such as lost settlements or awards, or other damages such as emotional distress or loss of the ability to file certain claims.
Step 5: Consider Filing a Lawsuit
If it is determined that you have a case of legal malpractice, your attorney may recommend filing a lawsuit against your previous attorney. This can be a complicated and lengthy process, but it is important to hold attorneys accountable for their negligence.
It is important to remember that you only have a limited amount of time to file a legal malpractice claim in Oregon. Generally, the statute of limitations for legal malpractice claims in Oregon is two years. However, this can vary depending on the specific circumstances of your case.
Statute of Limitations to File in Oregon Legal Malpractice Cases
The statute of limitations serves an important purpose. It allows the accused party to properly prepare a defense against the accusations, and eliminates fraudulent claims that may have no factual basis. One of the most important things to remember about a statute of limitations is that they are strictly construed by Oregon courts. If a claim is brought after the statute of limitations has expired, then the claim is barred and the injured party cannot recover from the party responsible for causing the harm. Essentially, if you miss a statute of limitation, you miss your chance to recover damages for your claim and the courts will not allow it.
The statute of limitations for a legal malpractice claim is 2 years from the date that you discovered the alleged malpractice in your case. When you discover your claim for legal malpractice, is generally when you have actual knowledge of your injury, the causal connection between your injury and the conduct of your attorney, and the fact that your injury was caused by your lawyer’s negligence. You do not need to know the nature or extent of your injury. If your claim is not brought within 2 years, then you cannot bring your case anymore.
If your legal malpractice case involves an underlying cause of action, like a contract claim or a personal injury claim, then the 2-year limit can get even more complicated. In these cases, the 2-year statute of limitations period will run out no later than the date when the statute of limitations expired in your underlying case. If your personal injury claim had a 2-year statute of limitations, and the statue of limitation in your legal malpractice case is 2 years, then the later of the two dates will apply. If your personal injury claim had a 3-year statute of limitations and the legal malpractice claim has a 2-year statute of limitations, then only 2 years will apply.
If you believe you have a legal malpractice claim against your attorney, it is important for you to thoroughly investigate the facts and law involved as soon as possible. Please be aware that an attorney represents you until your representation is terminated. Termination of representation may result from your attorney withdrawing from your case, or even termination based upon a conflict of interest or some other reason. If your attorney no longer represents you, you should get another attorney and have that attorney conduct an investigation and handle your case.
Do not delay bringing your legal malpractice claim. If you find an attorney to review your case, and the statute of limitations is about to expire, your new attorney may ask you to sign a substitution agreement allowing the new attorney to appear in your case in place of the lawyer you believe committed the malpractice or did not take adequate steps to protect your rights. Although this situation does not happen often, it is better to be safe than to be sorry. Be sure to tell your new attorney all the facts about your case, how your attorney handled it, and why you feel your attorney made mistakes in your representation of the underlying case.
You also need to be aware that there may be consequences to your legal malpractice claim that are why the statute of limitations is strictly construed. Not only may your claim for damages be barred, but your insurance policy may be void because you failed to bring your legal claim within the statute of limitations. In addition, your actions in handling your case may result in your policy being voided, and you may not be able to recover for the damages caused by the legal malpractice.
Important Questions to Ask When Hiring a Legal Malpractice Lawyer
In Oregon, there are several questions that you should ask a potential legal malpractice attorney . These questions may include the following: "Why should I hire you?" "How long have you been handling cases like mine before the Oregon Courts?" "Have you done any legal malpractice cases against my attorney before?" "Is there a cost to you to review my attorney-file and to tell me whether or not I have a case against them?" "What does it cost if you choose to accept my case?" "What percentage do you charge if we win?" "Can you represent me in another State if we have to sue the attorney in his or her home State?" "When would you keep the money from any recovery?" "When does it belong to us?" "Do you know how to deal with money for Medicaid lien issues, Medicare issues, and other lien problems?" "What if I do not want you to handle any money from the recovery?" "How many cases have you handled in mediation?" "Will you represent me at trial or arbitration if necessary?"