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 […]
Category Archives: Legal Malpractice
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
When dealing with legal malpractice claims in Pennsylvania, it is essential to understand the statute of limitations. This timeframe determines how long a client has to file a lawsuit against an attorney for alleged misconduct. Navigating these legal intricacies can be challenging, but gaining a comprehensive understanding of the statute of limitations is crucial to […]
When a client experiences a poor outcome in a legal matter in Delaware County or elsewhere in Pennsylvania, it can be difficult to distinguish between an unfavorable result and genuine negligence. At Gibson & Perkins, PC, attorneys frequently review cases where missed deadlines, bad advice, or improperly handled claims may suggest legal malpractice. Understanding what […]