What is Legal Malpractice
Legal malpractice, simply put, is when a lawyer makes a mistake that hurts their client. Common examples include losing a deadline, making a mistake in filing a motion or claim, committing fraud or forgery, making errors when handling money, or doing something else that gives rise to a legal claim like deliberate misrepresentation or intentional infliction of emotional distress (as common as it is, especially in cases of theft by deception).
These kinds of actions are considered "negligent acts or omissions" and can lead to significant harm or loss . In Georgia, legal malpractice is typically ruled by economic harm, meaning the damage done to the client who has a legal malpractice lawsuit is usually financial in nature. This can translate to a ruined business deal, lost damages in a car accident case, or unfair asset division in a divorce case.
Understanding legal malpractice and knowing your rights as a consumer of legal services is crucial for anyone in Georgia dealing with the possibility they are a victim of such misconduct. For the most part, these victims don’t really know the attorney is guilty of legal malpractice until it’s too late.
When Do You Need a Legal Malpractice Lawyer
Not every problem you have with a case means you need a new lawyer, however. A majority of lawyers respond to inquiries and provide adequate representation. Some of your answers may be in the attorney-client engagement letter. Others may be found in your other legal documents. If not, then it is time to ask your lawyer the tough questions: how much of what you have to pay to the trial lawyer is set by the court and how much can he or she charge you? Is there a possibility of paying less? You may have a mediation or trial coming up soon, and time is of the essence. Call the legal malpractice lawyer to make an appointment and learn what you can do, if anything to avoid a legal malpractice law suit:
You Are Not Getting Information Attorneys are required to maintain open communication with their clients. If you asked your attorney for a status update Five (5) times and nothing has happened, it is time to reach out to a legal malpractice attorney. Ignoring your calls and being unresponsive to your emails could be signs that your attorney is not doing his job properly.
It Is Taking Too Long Everyone wants to win the lottery, but lawsuits are not the same. If your case is taking forever, it is time to recognize that something is off. Once a lawsuit is filed, it usually takes about six months to a year before a client sees a resolution. Typically, if it’s anything longer than that you should be hearing from your attorney with an explanation of why the timeline has increased. If you aren’t, it might be time to get a legal malpractice attorney involved.
Your Attorney Has No Concern for You Lawsuits are hard to go through and they are even harder to go through without a solid support system in place. Your attorney should care about the outcome of your case and want to help you. If at any time during the suit, you feel like your attorney simply does not care, it might be wise to call in a legal malpractice attorney to get a second opinion.
How to Pick the Legal Malpractice Lawyer for You in Georgia
When seeking a legal malpractice lawyer in Georgia, there are several factors to consider before making your decision. It’s vital to ensure that the lawyer you choose has extensive experience handling legal malpractice claims. A seasoned attorney will be familiar with the common pitfalls and issues associated with legal malpractice, as well as the laws and regulations specific to the state of Georgia. One way to determine the experience of an attorney is by reviewing their track record of legal malpractice cases. This can provide insight into their overall success rate and help set your expectations of the likelihood of a positive outcome. It’s also important to find a lawyer who specializes in legal malpractice. While many attorneys have a general understanding of legal issues, a specialist will have a deeper understanding of the complexities and nuances associated with these types of claims. Specialization can also indicate a higher level of dedication and commitment to the field of legal malpractice law. Client reviews and testimonials can also be a valuable resource when selecting a legal malpractice lawyer in Georgia. Past clients can provide insight into the lawyer’s communication style, professionalism, and overall ability to handle a legal malpractice case effectively. Reviewing reviews and testimonials can help you make an informed decision about whether or not a particular lawyer is right for you and your case. It’s also important to ensure a good fit with your chosen attorney. Take time to interview potential lawyers to better understand their approach to legal malpractice cases and how they typically handle matters. Make sure you feel comfortable communicating with the lawyer and that they fully understand your case and your specific needs. In conclusion, when choosing a legal malpractice lawyer in Georgia, it’s essential to consider their experience, track record, and specialization within the field. Client reviews and testimonials can also be helpful in ensuring that you are comfortable with your final choice.
What’s The Legal Process For Georgia Legal Malpractice Suits
The third step in a Georgia legal malpractice case is the sending of the Letter of Representation to Defendant Attorney, as required by Georgia law. After waiting 30 days for a response, you send your demand letter with attached Affidavit. This letter will be the crux of the attorney’s defense.
The fourth step is the Complaint and/or arbitration. The complaint is the start of the lawsuit, and it does not get around the statute of limitations in Georgia. Georgia does not allow for a tolling of the statute of limitations, even when the correct Defendant was sued. He or she will not be served until the Affidavit is exhibit A to the Complaint, and so again, the statute of limitation will run. Only after the Defendant has been served will the Complaint toll the statute of limitations from running on the filing of the Affidavit, but only as to the named Defendant.
The fifth step is several months of pleading motion practice and discovery. Then, the mediation. In Georgia, many, if not most cases settle before a jury trial, but you can count on the whole process lasting a year, sometimes two, and the expense continues to rack up. If you go to trial, the result could be anything from a defense verdict or mistrial on the one end to a juror verdict in your favor on the other end. This would be presumed to undone in the end. If the client has not had stellar responsibility during the representation, then the case could be dismissed, which is a moral victory, but defeats the main purpose of the suit.
Georgia Statute of Limitations for Legal Malpractice
In Georgia, the statute of limitations for filing a complaint based on legal malpractice is four years. Under certain circumstances this period may be expanded to six years, such as in the case of fraud or concealment. Actions for legal malpractice generally are held to the same rules of limitation as other actions for negligence. The statute of limitations does not begin to run until the attorney ceases to represent the client.
It is important to act swiftly. With most legal malpractice complaints, the statute of limitations begins to run from the date the alleged negligent act occurred. However , there is a unique provision of law in cases of legal malpractice concerning foreclosure. A purchaser who buys a home at a foreclosure sale, or any party claiming under that purchaser, cannot obtain equitable relief from the foreclosure even if the foreclosure was procured by legal malpractice. This rule applies even if an attorney actively misrepresent the material facts and concealed the true nature of their client’s debts. In this case, the courts consider these claims to just be a simple tort or breach of contract actions that must be brought within four years.
Costs and Expenses for Legal Malpractice Suits
Many people considering bringing a legal malpractice action in Georgia are understandably concerned about the costs and fees associated with hiring a lawyer. While each case is different, it is usually the case that they can expect to pay 33% of the recovery if their case is settled in discovery (before suit) or 40% if suit is filed and recovery is had from a settlement. However, to counterbalance those fees, typical contingency agreements will also include the amount that the client will be paying for out-of-pocket expenses of the lawyer which are advanced expenses. These are expenses for experts, filings fees, court reporters, etc., which are beyond the control of the lawyer. It is fair for the lawyer to advance these, which they never see again, and be reimbursed at time of settlement or trial with the first money coming in. This is called "the 1st dollars rule" and is fair and typically accepted by clients.
How to Prevent Legal Malpractice
Those interested in preventing legal malpractice should start by selecting qualified counsel. Within this capacity, clients should research the attorneys they are about to hire, thoroughly understand the agreements they are about to enter into with the attorneys, and ask specific questions.
Legal malpractice is a very real threat to all professionals including lawyers. Many consumers of legal services are not familiar with the law and they enter into an agreement with an attorney, law firm, or both, believing that their interests will be safe. For example, they typically may not fully understand the effect of any retainer agreement they are about to sign.
In addition to researching the attorneys or law firms they are considering hiring, an individual, business, or corporation should have their attorney explain the terms of any retainer agreement in advance. They should ask strategic questions such as "What happens if we are not satisfied with your work?" "Will you assign us a separate attorney to handle our legal matter if we are not satisfied with your work?" "Will you send us a monthly bill itemizing the work performed by all of your staff?" "How will you monitor the costs?" "Are you willing to break the costs down by specific lines of work?" "What if we are not satisfied with the result after trial?" "If we are not satisfied with the result, will you remain with us on a contingency until the appellate courts finish their work?"
To some degree , understanding the nature of the underlying legal claim is important. A claim for a personal injury damages is generally foreseeable in the hands of a competent personal injury attorney. A claim for a change in the corporate structure is foreseeable in the hands of a competent corporate lawyer. So in this respect, it would be within the realm of the foreseeable and there should be nothing surprising about a claim arising from a tortious breach of fiduciary duty, or an intentional infliction of emotional distress claim arising from a breach of contract.
A competent attorney would in theory be aware that these events could fall in the realm of foreseeable risks. That would also be the case for the usual claims for negligence, libel, or slander that arise within the realm of all of the common law torts. A competent attorney should also be aware of the risks inherent in negligent misrepresentation in the commercial context.
However, when clients jump from that realm of foreseeable events to the foreseeable risks of initial disclosure of sensitive information, breach of confidentiality, breach of fiduciary duties, disclosure of the work product and attorney-client material, et cetera, the additional risks of sophistication cannot be underestimated.
All of these risks are foreseeable in the hands of any competent, experienced, and proactive attorney. Prospective clients have to protect themselves as well.