Category Archives: Legal Malpractice

What Happens When a Lawyer Ignores Client Instructions in Pennsylvania?

Unmarked case file on a courthouse bench outside closed hearing room doors

When a lawyer disregards your instructions in Pennsylvania, the consequences may include an ethical complaint, a dispute over an unauthorized decision, or a legal malpractice claim if the conduct caused a legally recoverable loss. Rule 1.2 of the Pennsylvania Rules of Professional Conduct gives clients authority over the objectives of representation and settlement decisions. Lawyers […]

Can You Sue a Lawyer for Missing a Statute of Limitations in Pennsylvania?

Attorney reviewing a filing deadline and legal case documents

Yes. You may be able to sue a lawyer for missing a statute of limitations in Pennsylvania if the attorney had a duty to protect your claim, failed to file on time, and caused you to lose a case with measurable value. A missed deadline is not automatically malpractice. You must establish that the attorney’s […]

Can You Sue a Lawyer for Settling Your Case Without Permission in Pennsylvania?

A lawyer’s case file and unsigned settlement papers on a desk.

In Pennsylvania, the client controls the decision to accept or reject a settlement. Pennsylvania Rule of Professional Conduct 1.2 states that a lawyer must abide by a client’s decision whether to settle a matter. Pennsylvania courts have also held that an attorney needs express authority to bind a client to a settlement. If your lawyer […]

When Does a Lawyer’s Missed Deadline Become Legal Malpractice?

Missed Deadline Legal Malpractice in PA

A lawyer’s missed deadline can become legal malpractice when the lawyer owed you a professional duty, failed to use the ordinary skill and knowledge expected of an attorney, and that failure caused an actual loss. A late filing by itself does not automatically prove malpractice. The missed deadline must have affected your legal rights, changed […]

Legal Malpractice Avoidance Tip: Case Selection

Legal Malpractice Avoidance Tip Case Selection

This month’s Legal Malpractice Avoidance Tip looks at the diligence required in actually choosing to represent a client…  or not! In choosing whether or not to represent a client in a potential legal malpractice claim, one of the first questions to consider asking yourself is:  Will You be Able to Competently and Diligently Pursue the […]

Legal Malpractice Avoidance Tip: Liability Insurance

Having malpractice insurance is important to reduce the chance that a legal malpractice claim will result in severe financial hardship to you or your firm. It will also save you time in defending such claims. Rule 1.4(c) of the PA Rules of Professional Conduct require a lawyer to inform a new client in writing if […]

Legal Malpractice Avoidance Tip – Third-Party Beneficiaries

Legal Malpractice Avoidance Tip – Third-Party Beneficiaries

An attorney may form a privileged relationship with a client either expressly or implicitly. Attorneys owe a duty of care to their clients. However, under certain narrow circumstances, individuals who are not actual parties to a contract between attorneys and their clients may have standing to enforce this contract and thus sue the attorney for […]

Legal Malpractice Avoidance Tip: General Releases

Legal Malpractice Avoidance Tip General Releases

A general release, while signed by a particular individual, also releases other parties from any liability stemming from the underlying matter, whether those parties are named or unnamed in the release. The effects of a release can be far-reaching and unintended and can affect the rights of the client if the release carelessly relinquishes the […]

Steps to Take if You Suspect Legal Malpractice

Steps to Take if You Suspect Legal Malpractice

Clients rely on their attorneys to uphold ethical standards and provide diligent representation. However, there are instances where lawyers may fall short — leading to legal malpractice. This situation can be disconcerting and may have significant consequences for clients. If you find yourself in a position where you suspect legal malpractice, it’s crucial to take […]

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