What is Legal Malpractice?
Legal Malpractice is the term describing the legal profession engaged in negligent conduct similar to any other profession. Like doctors who "misdiagnose" a condition or suggest the wrong surgery, or architects or electricians who fail to follow building codes, lawyers make errors that sometimes explode into big problems. There is a short statute of limitations (time period in which you can sue for an error) of three years from date of occurrence. The effect of the statute of limitations is often very harsh, and it "runs" while the person is unaware of the problem. For instance , if the lawyer fails to file a piece of evidence and you are aware of it 2 months after the trial decision, the time will have run when you finally discover the error 8 years later. The result of an error is often cumulative, and you may lose an entire deal or case because of smaller, but equally important, errors. Often it is an error in timing, i.e. waiting too long to file a lawsuit, or harassing opponents with letters until they file their own lawsuit, thus triggering several statutes of limitation which then run out before you can file your own. This leads to the "snowball" effect of legal negligence, where one error compounds another.
What Does a Legal Malpractice Attorney Do?
Legal Malpractice Attorneys can take down the operative statute of limitations, whether at four years or, more commonly two and half years. Legal Malpractice Attorneys can explain the proper use of the statute of limitations as well as how the application of the statute plays out in legal malpractice cases. Perhaps most important is the ability of those attorneys to recognize, often quickly, whether a case can be made out. Much like a Doctor, they can make an accurate diagnosis through quick observation and insight gathered through education and experience. They also know where the pitfalls lie and will make the retained attorney aware of them, while disclosing any conflict of interest.
Most importantly, given this short time frame, will assist in gathering the necessary information and providing remedial services for the aggrieved former client, or else inform the potential client if there is no case and otherwise point the legal services provided with the responsible attorney if they appear to be viable.
Getting to Know Contingency Fee Agreements
Contingency fee arrangements work with the understanding that an attorney will take on the risk of a legal malpractice case in exchange for a percentage of any recovery awarded in the lawsuit. Such agreements allow clients who may not have the resources to fully pay for the high cost of litigation the opportunity to seek restitution for their client malfeasance. Those eligible for contingency fee arrangement are often clients who have limited financial resources to pay an attorney fully upfront to litigate their case. For example, disability and employment discrimination cases are likely candidates before the EEOC or District Court. Contingency fee agreements can help assure access to the judicial system for individuals who may otherwise be unable to pursue this type of litigation. Therefore, contingency fee agreements are especially beneficial to employees with low or moderate income, who might otherwise not be able to afford or weigh the benefits of an otherwise meritorious case versus the risk of litigation. In addition, contingency fee arrangements have an informal sharing cost structure, meaning that if no compensation is received, no legal fees will be paid. And if an employee wins a legal malpractice award after trial or settlement that employee will only be required to cover the cost of litigation (e.g. filing fees, mailing costs, printing costs, court reporters, etc.). However, litigation costs are essentially fixed and cannot be negotiated downward, and are subject to the discretion of the judge and his or her local rules; certain costs may not be recovered even if successful in litigation. For example, while it is likely that all necessary deposition and court reporter fees will be recovered by the prevailing party, certain costs incurred by the prevailing party, such as fees for expert witnesses, may not be fully recoverable even if reasonable. In comparison, hourly legal fees are strictly based on the amount of hours your attorney bills for the time it took to work on your case, according to what you committed to pay the attorney. In working with a legal malpractice attorney, be sure to understand and know for sure what your rate is and how your attorney will charge you. Among what makes legal fees reasonable is the reputation of the attorney and experience as well as the area of law you are working in and how complex the work may be. Other things that make legal fees unreasonable are the geographical region where the attorney works and how the attorney offers their services. Be sure to speak with the legal malpractice attorney about how they arrive at the fees that they charge. Hourly billing is a more intuitive system, but it can cause issues, especially if an attorney or firm refuses to cap-off or discount their fees. While possibly less intuitive, contingency fee arrangements may be the best option for those seeking relief for legal malpractice claims.
The Benefits of Hiring a Contingency Fee Attorney
Benefits of Hiring a Contingent Fee Legal Malpractice Attorney
There are several ways in which hiring a legal malpractice attorney on contingency can be beneficial. The most obvious is that the financial burden is waived until the case succeeds. So long as the case is ultimately successful, a contingent fee will not be a barrier for you and a lawsuit will be a more realistic option.
Another benefit comes into play because of the financial stakes involved; the legal malpractice attorney has a personal stake in the outcome and therefore motivation to ensure the case is handled in the best way possible. When it comes to legal malpractice, there are typically large dollar-value stakes involved. Winning payments that should have already been collected is not just about your money; it’s a personal and financial gain for your legal malpractice attorney.
The flip side is that if the case turns out to be unsuccessful, your contingency fee may become a debt to be repaid rather than a fee.
This is an important risk to understand as you search for a legal malpractice attorney. Make sure that you are comfortable with the fact that your attorney will not be paid until a verdict is reached and is confident in your chances for success.
How to Pick the Right Legal Malpractice Attorney
When considering who to choose as your legal malpractice attorney, there are several important factors to keep in mind. First and foremost, experience is vital; you want an attorney who is well-versed in handling cases similar to yours, with a proven track record of success. Additionally, it’s important to consider the success rate of the attorney you’re considering . While no attorney can guarantee success, a history of successful cases is always a positive sign. You should also take into account the communication skills of the attorney; you want someone who will keep you informed and involved throughout the process. Finally, client testimonials can be a helpful tool in determining if an attorney is the right fit for you.
What to Do if You Think You are a Victim of Legal Malpractice
If you suspect you are the victim of legal malpractice, you should take the following steps: It is also helpful to keep track of any documents, correspondence or emails from an attorney which may help you piece together a timeline of events. Keeping a running journal of what took place on certain dates may help establish the accurate timeline of what happened. Contact attorneys. If you think you may have a solid legal malpractice case, be sure to speak with more than one attorney to find out what your rights are. While many clients understandably want to proceed cautiously when it comes to speaking with or hiring a new attorney to replace the one they believe committed a legal error, a client who believes their attorney made a mistake generally has nothing to fear and everything to gain by consulting multiple attorneys. In fact, many law firms will offer free consultations for clients who suspect legal malpractice.
Conclusion and Next Steps
In this article, we’ve covered the circumstances in which attorneys typically charge contingency fees and the steps you should follow in order to hire a legal malpractice attorney on a contingency fee agreement. A contingency fee arrangement is generally advantageous to clients . If you are convinced you have a case but are hesitant to move forward because you are worried about costs and fees, a contingency fee lawyer will help give you peace of mind. At Picciano & Shaffer, our legal malpractice lawyers will listen to your situation, lay out options that include pursuing a case on contingency, and work toward a successful resolution of your matter.