You hire an attorney with the expectation that they know the law, can provide trusted legal counsel, and help you navigate complex legal matters. Unfortunately, as a legal malpractice lawyer, we’ve seen multiple forms of malpractice:
- Breach of attorney-client privilege
- Incorrect document preparation
- Bad legal advice
- Failure to file a complaint or supply necessary documents
- Many more
Indiana has a two-year statute of limitations from the time that you discover the malpractice. Exceptions exist, but if you know of the malpractice and do not act swiftly, you may lose the ability to hold the party responsible.
With over 55+ years of experience, we know that pursuing action against an attorney is serious. Many lawyers do not want to pursue legal malpractice claims. We do.
Our firm takes the law seriously.
You have a right to proper legal counsel, and when someone else’s negligence impacts your ability to exercise this right, we’re ready and willing to help you seek damages.
Click here to speak to a trust attorney about your legal malpractice claim.
What are Legal Negligence, Legal Malpractice and Professional Liability?
Legal terminology will help you better understand your rights as a client and what you can expect from a lawyer.
- Legal negligence: Failure to exercise a high standard of care is considered negligence. For example, if a reasonable lawyer with the same level of experience would have offered the same counsel or made the same missteps, you might not have a case of negligence.
- Legal malpractice: Mistakes happen, and not every error is considered malpractice. Instead, if you have a case of legal malpractice, this means that the case was impacted due to negligence or there may have been an intent to cause you damages or harm you in some way.
- Professional liability: Laws are in place to protect you from professional liability. For example, if you are harmed by your lawyer’s actions or inaction, you may have a case of professional liability. You will be filing a malpractice claim in this case.
You may or may not have a claim to pursue. We’ll need to review the facts and circumstances surrounding your claim before moving forward.
Example of Negligence
John is a 32-year-old who was injured in a car accident, and while in the hospital, he developed a bedsore. Medical professionals allow the sore to reach such a severe level that he must get surgery for it to heal properly.
A year and ten months after the incident, he decides to hire a lawyer to pursue damages.
While putting his trust in the lawyer, John’s lawyer fails to file the claim within the two-year statute of limitations. He missed the deadline to file the claim, meaning that John lost his ability to hold the defendants accountable for his injuries.
A legal malpractice lawyer may pursue damages against John’s lawyers because:
- Failure to meet deadlines is negligence
- John is permanently damaged by the actions of his lawyer
You may also see malpractice when a lawyer misuses client funds, depleting them for non-law-related manners or even excessively charging clients for services that may not have been rendered.
Indications of Negligence
You’re not a lawyer. You trust the attorney that you hire and may have suspicions of negligence, but you’re unsure of the signs. Indications of negligence include:
Failure To File Paperwork Before Deadline
Your lawyer is responsible for meeting deadlines. If you fail to supply the necessary documents to the lawyer after an attempt to collect them, there’s a chance that the fault falls on you. However, if the lawyer misses a deadline, it may negatively impact your case or even lead to dismissal.
Failure To File Case Before Statute of Limitations Runs Out
The statute of limitations varies depending on what your case involves. Personal injury claims, for example, must be filed within two years, with a few exceptions. If your attorney fails to file your claim in time, you cannot seek damages.
Does Not Respond to Dispositive Motions Filed by Other Party
A common issue we see as a legal malpractice lawyer is that lawyers fail to respond to dispositive motions. If this failure occurs, it means that part of the claim can be disposed of in favor of the other party.
Your attorney must respond in a timely manner so as not to have a negative impact on your claim.
Breaches Contract of Attorney-client Relationship
You have a right for your lawyer to act in your best interest. If your lawyer fails to act in your best interest, you may have a case of malpractice. For example, if the contract outlines specific terms that your attorney ignored, it constitutes a breach of contract.
Discloses Confidential Details in an Illegal Way
Lawyers must not disclose confidential information unless they have authorization to do so, or it is required by law of the Rules of Professional Conduct. If the attorney does disclose confidential information in a way that is deemed illegal, it is not in the best interest of the client and may be seen as malpractice.
Clients often do not know if a lawyer is acting against their best interests, and many cases of malpractice may go unpunished. If you believe that errors have been made in your case and your legal counsel may have engaged in malpractice, contact us.
We’ll review the facts and advise you on the next steps to take.
First Steps to Prepare
Lawyers who engage in professional misconduct should be held accountable for their actions. Legal professionals are in a position of trust and should provide adequate representation to clients. The first step to accountability is to consult with a legal malpractice lawyer to determine your next steps.
Before meeting with an attorney, take the time to make sure you’re prepared.
Obtain Your Case File
The first step is to obtain a copy of your case file from your lawyer. Send your request in writing and follow-up to ensure your lawyer follows through with your request.
Some lawyers will purposely try to make it difficult for clients to access their case files. Schedule a face-to-face meeting if necessary to ensure they know you’re serious about seeing your file.
Gather All Documents Pertaining to the Case
Next, gather all documents relating to your case. These can include but are not limited to:
- Copies of any communication with the lawyer
- Bank statements if your claim is related to misuse of funds
- A copy of the contract you signed with the lawyer
- Dated documents or correspondence to show that the attorney missed a deadline
Your case file and case-related documents will contain important information that can be used to support your claim and build your case. Having them prepared before you contact an attorney will help streamline the process of filing a claim.
Contact Our Legal Malpractice Attorneys
Once you have your case information in-hand, call or contact us. At CohenMalad, LLP, we have been advocating fiercely for our clients since 1968.
Offering 55+ years of experience and 29 skilled attorneys, our firm is ready to help you navigate your legal malpractice claim.
Schedule Your Consultation
When you call our firm or fill out our contact form, our team will assist you in scheduling a free initial consultation.
Do I Have a Case?
In order to file a legal malpractice claim, there must be evidence of negligence. There are four elements that must be present to prove negligence:
- The lawyer owed you a legal duty of care.
- The lawyer breached that duty.
- The breach of duty caused you to suffer damages.
- The damages were a direct result of the lawyer’s breach of duty.
Legal malpractice is complex. An attorney experienced in legal malpractice cases can determine whether you have a case.
Legal Malpractice Remedies
In cases of legal malpractice, there are several remedies that may be available, including:
Compensatory Damages
In the state of Indiana, compensatory damages may be awarded in cases of legal malpractice. Clients are entitled to be restored to the position they would have been in if the negligence hadn’t occurred.
Calculating compensatory damages can be complex. An experienced legal malpractice lawyer can help determine the value of your claim.
Typically, plaintiffs cannot seek damages exceeding the value of their lost claim. In certain circumstances, the court may award damages for mental anguish if there is proof of intentional fraud.
Punitive damages may also be awarded if the case involves malice or fraud, or there is evidence of intentional misconduct.
Indiana has a special statute awarding treble damages if the case involves “deceit or collusion.”
Discipline from the Bar
Victims of legal malpractice can file a grievance with the Indiana Supreme Court Disciplinary Commission. Complaints must be accompanied by:
- The attorney’s name
- The case number (if there is a court case)
- A written statement detailing the attorney’s conduct
- Copies of documents and evidence to support your claim
The Disciplinary Commission reviews all complaints and will determine whether to take disciplinary action against the lawyer.
How CohenMalad Can Help
If you are the victim of legal malpractice, the attorneys of CohenMalad, LLP are ready to fight for you.
Filing a malpractice claim is complex. You don’t have to go through the process alone. Our experienced attorneys will evaluate your case and help you determine the best course of action to take.
Contact us to schedule a consultation with a legal malpractice lawyer.
