Ohio Legal Malpractice
Legal malpractice refers to a situation where a legal or other professional fails to competently and efficiently handle a case, which in turn results in damages to the client. While mistakes and errors do happen, not all malpractice warrants a claim. For a legal malpractice case to exist, it must be shown that a lawyer or firm has breached their fiduciary duty to you. In most cases, a legal malpractice occurs when a lawyer either fails to perform a task in a timely fashion or does not address a situation that needs to be addressed .
The following are some of the most common forms of attorney error and breach of duty that constitute legal malpractice:
Failure to file by the statute of limitation
Failure to file an appropriate motion to dismiss on or before the deadline
Breach of fiduciary duty
Unacceptable representation at trial
Failure to get your Writ of Certiorari in on time
Failure to advise on potential counter-offer
Failure to file the correct documents with the court
Misrepresentation of the law
Misrepresentation of the facts
Error in the drafting, interpretation and enforcement of contracts
Negligent misrepresentation of the facts or law
Errors of omission – failing to pursue a cause of action
Failure to research the law on your behalf
Mistakes in filing a bankruptcy
Professional negligence
Conflicts of interest
Failure to withdraw from cases with conflicts
When to Hire a Legal Malpractice Lawyer
In certain situations, hiring a legal malpractice attorney in Ohio could prove beneficial, such as when an attorney takes action or fails to take action that causes financial losses for clients. Some key reasons how you can determine whether you need to find a legal malpractice attorney are:
- You have years but no settlement – if you’ve had a case running for several years without settlement or resolution, it might be time to seek the advice of an Ohio legal malpractice attorney.
- Your attorney can’t win a case – If your attorney has been practicing law for several years and has yet to win a single case, they may be a legal malpractice attorney in disguise.
- You were dragged into court due to your attorney – A legal malpractice attorney in Ohio would be able to assess whether the attorney you hired has overstepped their bounds, or whether their actions may have caused you damages.
- You are making payments to your attorney after a settlement – In some cases, an attorney has secured an award or settlement for a client but does not disburse the funds as required. It may be time to seek legal representation.
- Your attorney never returns phone calls – If your attorney ignores your advice for an extended period of time despite several attempts to contact them, it may be time to speak to a legal malpractice attorney in Ohio.
There are many signs to pay attention to when hiring a legal malpractice attorney in Ohio, so remain alert.
Selecting a Legal Malpractice Lawyer in Ohio
Finding the right legal malpractice attorney is a critical step when you’re facing an issue related to the performance of your previous attorney. You want someone who understands the complexities of litigation and can communicate your experience in a clear and compelling way.
You may want to research your options based on academic credentials, work history, industry experience and other metrics. First, you should look to their academic credentials. Any good legal malpractice attorney should have gone to a reputable institution that has a solid academic track record. The same applies to their legal training. The more prestigious their law school, the better.
You also want someone whose background demonstrates an understanding of how the law works. Many attorneys have clerked for judges after graduating from law school, which is a huge advantage to know how things work behind the scenes at the court level. You may also look for those who have clerked for state or federal courts.
Your attorney should also have the experience to handle your case. Ask them how long they have been handling these types of cases, how many they have handled and whether there are any specific areas that they specialize in. When choosing an attorney for legal malpractice, opt for one who has the most experience in this complicated area.
The attorney’s prior client testimonials and reviews can give you valuable information to help you evaluate the strength of the attorney. By checking the attorney’s website and online reviews, you may be able to find some information on their past performance as well as the reactions of clients. It’s also important to know that your attorney has had success with cases like yours before. While there are no guarantees in litigation, it can give you some assurance that you’re working with someone who understands the complexities of your case and has been successful in the past.
Ohio Legal Malpractice Process
If you believe that you may have suffered damage as a result of legal malpractice, the first step should be to contact an attorney at the earliest possible date. In Ohio, there is a 1-year statute of limitations and the time frame is running from: (1) the date of the alleged act (negligence) on the part of the attorney; or (2) the date of discovery of the malpractice act. In addition, there is a 4-year statute of repose from the date of the act (for example, if the issue is with an underlying case that the attorney represented which has since been resolved) .
In order to establish a legal malpractice claim in Ohio, you must be able to prove the following: (1) the attorney owed you a duty; (2) the attorney breached his or her duty; and (3) you suffered damage as a direct and proximate result of the attorney’s breach. The damages that you may be entitled to recover include the costs and expenses incurred to correct the original act of negligence. For example, if the original act of negligence prevented you from obtaining a settlement or judgment that you should have won, you may be able to recover compensation for the resulting damages from that settlement or judgment.
As always, each situation is unique and there are many different factors that influence the amount of recovery.
Potential Results and Compensation
The possible outcomes of a legal malpractice case can vary depending on the details of the case, but a few common results might include the following:
An Award
A Plaintiff who wins at trial will typically have their attorney fees awarded, in addition to compensation for damages. Many Plaintiffs hope to gain a monetary award that can be used to pay for the bills that piled up due to the alleged negligence of their previous lawyer.
A Settlement
In some cases, both parties may come to an agreement before the case goes to trial. This is called a settlement. A favorable settlement or judgment can potentially make up for the cost of having to seek legal recourse against the previous attorney.
The Dismissal of the Case
A real possibility in a legal malpractice case is that a judge may dismiss the case, especially if the claim is based on the outcome of a criminal case or other case that has already been dismissed as wrongful.
Legal Malpractice Victim Resources and Help
Victims of legal malpractice in Ohio can seek help from the Ohio Access to Justice Foundation, which administers a number of legal aid programs. These programs include low-cost or no-cost legal advice and representation in a broad range of civil legal matters such as discrimination, housing, consumer debt, veterans’ benefits and family law issues. Ohio’s legal aid services funnel applicants through a single online portal at www.beatbarriers.org.
The Ohio State Bar Association (OSBA) can point victims of legal malpractice to its List of Lawyers in Ohio or assist with finding a lawyer, through its Find A Lawyer service . The OSBA also provides other tools, including:
Columbus Bar Association Legal Services LINE The Columbus Bar Association Legal Services LINE is available to provide a one-time telephone consultation of up to 30 minutes with an attorney who is qualified to answer questions about the situation or legal issue the caller may be facing. The cost of the telephone consultation is $35.
Ohio State Bar Association Lawyer-to-Lawyer Helpline The Lawyer-to-Lawyer Helpline offers free legal assistance to Ohio lawyers who are experiencing difficulty practicing law or who have a mental health or substance abuse issue that may affect their law practice.