In this article, you will learn:
- How legal malpractice cases may arise and what can be done about them
- Important considerations surrounding the retainer in legal malpractice cases
- How the judgmental immunity doctrine and the successor attorney doctrine play a role in malpractice cases
One defense to refute a legal malpractice claim that is there is no attorney client relationship, because sometimes the attorney thinks that they didn’t accept the case, whereas the client believes they did.
When Attorneys That Represent A Business May Also Represent Its Employees As Well?
In this state, as in the other states, an employer is responsible for his employees. So, if an employee makes a mistake, then the liability extends up the ladder to the principal of the corporation, LLC, or whatever organization employs the employee. In the context of legal malpractice, certainly any attorney in the firm can expose the firm to a malpractice action.
Why Is The Retainer Agreement Between An Attorney And A Client Critical In Proving A Legal Malpractice Claim?
The retainer agreement is important but not critical. You can have an attorney-client relationship without a retainer agreement. A retainer agreement is good for both parties because it sets the parameters when you are representing someone. Some people have several problems, but you are not signing on to solve every problem in their life. If you are representing them in a legal action it should be made clear that the scope of representation does not extend to other matters. This is where a retainer agreement really protects the attorney and limits their exposure to what he or she is handling for that particular client.
How A Retainer Agreement Between The Client And An Attorney Can Affect A Legal Malpractice Case?
It is not necessary to have a retainer agreement. You can have an oral contract and representation without a written agreement. It is always best to have an agreement signed by all parties
What The Scope Of Representation Means When It Comes To A Legal Malpractice Claim?
A good retainer agreement can save your hide if you are an attorney. You state what you are representing the client for and you spell out in the agreement that nothing else will be handled unless a separate and distinct retainer agreement is entered into. Unfortunately, most lawyers don’t do that.
Causation As A Defense In A Legal Malpractice Claim
The defense of causation would be that the underlying claim had no chance of succeeding, meaning no harm no foul. Yes, the attorney may have botched the case, but the case had no value in the first place. If that is the situation, the attorney’s mistake didn’t cause you any harm because you weren’t going to win in the first place. For instance, the statute of limitations provides a certain amount of time to bring a claim, and that time expires before you go see a lawyer. Then, you hire a lawyer, and they don’t file or make some kind of mistake. In that scenario the case is dead on arrival. Nothing can be done to resurrect it. Most lawyers won’t take that case when they realize that the case is prescribed.
The Judgmental Immunity Doctrine As It Relates To Legal Malpractice Cases
An attorney is not immune from suit. However, certain governmental agencies like the District Attorney may have limited immunity
The Successor Attorney Doctrine As It Relates To Legal Malpractice Cases In Louisiana
If you take over a case, you should go back and check it out, to ensure everything is okay. If it’s not okay, you should talk to your clients right away and tell them there is a problem that cannot be overcome.
For more information on Refuting A Claim Of Legal Malpractice, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (985) 200-8466 today.
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