If You’re Sued Don’t defend yourself – you could void your malpractice coverage – instead, contact your carrier. Most carriers will permit you to file preliminary objections in Pennsylvania or A Motion to Dismiss in Delaware in order to avoid paying the deductible if the case against you has no merit or can be summarily […]
Category Archives: Legal Malpractice
As part of your representation, you should properly retain client files or dispose of them through appropriate means. It is a good idea to establish firm-wide guidelines for file retention. As in other areas of firm practice, more experienced attorneys should set the example. Of course, the file retention policy should also be specifically provided […]
Sometimes I get calls from potential clients who wonder whether they can sue an attorney if they were not actually that attorney’s client, which raises an interesting question. Generally speaking, in order to maintain an action for legal malpractice, an attorney-client relationship is necessary. That’s the general rule, however, and there is an exception that […]
When clients ask me as an experienced Media Legal Malpractice Lawyer, what types of damages they can expect to recover in a malpractice action. Clients often think of pain and suffering – which one can generally get in personal injury actions based on physical injury; however, those types of damages are not recoverable in legal […]
Years of practicing in the area of professional malpractice have taught me as an experienced Media Legal Malpractice Lawyer, that clients don’t always have a written fee agreement with their attorneys, and that brings to mind an important question. Is a written attorney-client fee agreement necessary to establish an attorney-client relationship? The answer to that question is […]
Whenever clients call me as an experienced Media Legal Malpractice Attorney, they want to know what expenses they can expect to incur in the course of a legal malpractice action. By far the biggest of these is the cost of an expert witness. It is essential to discuss this with a client. Proving your malpractice case requires […]
Almost daily, clients contact me as an experienced Media Legal Malpractice Lawyer, alleging all different types of malpractice theories against their attorneys. These claims run the gamut, but the most common scenario we encounter occurs when the facts of the case flush out the fact that the attorney is practicing in an area outside the scope of […]
Clients often contact me as an experienced Media Legal Malpractice Attorney about their attorney’s actions. Maybe the attorney made an error or, worse, some clients allege that their attorney intentionally took some wrongful action. For several reasons, it’s important to distinguish between those two situations. Intentional wrongful acts generally reflect an attorney’s ethical standards and could result […]
Clients come to me all the time with questions regarding pursuing an attorney for malpractice if you have already settled. We often have clients contact us who have settled their underlying matter and then, through some circumstances that have changed, they now are no longer happy with that settlement. That creates a unique problem particularly […]