What Is Legal Malpractice?
Legal malpractice is a very specific form of malpractice that occurs when lawyers handle cases unsuccessfully. To put it another way, legal malpractice uses the same definition as medical malpractice (negligent care by a doctor), but applies this definition to the legal system. The most common form of legal malpractice occurs when lawyers miss a deadline or make some other significant mistake which leads to an unfavorable legal outcome for the client.
In most cases, lawyers end up missing deadlines because they are disorganized, simple as that. The level of disorganization among lawyers varies widely depending on their experience. For example, entry-level lawyers are less organized and more likely to miss a deadline than a seasoned counsel; however, disorganization can affect even highly successful attorneys .
In practically every industry, there are good workers and bad workers. Although lawyers are educated professionals, the fact that they are human means that neither their legal nor their people skills are perfect. Put simply, lawyers are no different from the rest of us. They can have bad days, respond poorly to outside stressors or whatever else may be affecting their mood and their ability to concentrate.
It is important to understand the basic legal principles associated with legal malpractice. In order for an attorney to be guilty of legal malpractice, he or she must fail to perform according to the standard of care for their area of law. In layman’s terms, the lawyer must act negligently.
Indicators that You Need a Legal Malpractice Lawyer
When it comes to client-attorney relationships, things don’t always go as planned. Money might get lost in unexpected fees and lawyers may fail to live up to the standards set in the attorney-client relationship contract. Still, there are questions you should ask yourself to determine if the level of dissatisfaction you have with your current attorney is enough to warrant the assistance of a legal malpractice lawyer:
1. Did your attorney commit an error or omission in connection with a professional duty?
There are innumerable instances where an attorney may commit a mistake that results in legal malpractice. For example, the attorney may have missed a court date, missed an important deadline, gave you wrong advice, failed to do research properly and/or failed to return your calls or emails in a reasonable time frame.
2. Did the error or omission hurt your case so much that you lost the case as a result of it?
Many people fear failing to get the representation they were hoping for by their lawyer if they pursue an action against them. You may be able to collect on your damages and still keep your case. Additionally, you may be able to sue for legal fees & costs.
3. Did the mistakes or omissions hurt you financially?
Whether it’s a bad outcome of a personal injury case, lost money due to misrepresentation or lost business earnings and opportunities, many people find that the result of hiring the wrong attorney results in financial harm. This is why it’s so important to assess your case closely before you hire or sign on with an attorney. Take the time to interview potential attorney candidates and ask about their credentials and past successes on similar cases.
Selecting the Right Legal Malpractice Attorney in Pittsburgh
When the time comes to seek legal representation for a legal malpractice claim, it can be challenging to find an attorney with the right skills and experience. There are a number of highly qualified attorneys in Pittsburgh who can assist with a legal malpractice case. As you look for an attorney to take your case, consider a few factors. First and foremost is the experience factor. Look for an attorney who has handled legal malpractice cases in the past. Even better is finding an attorney who has experience with your specific claim. For example, if an attorney mishandled your real estate matter, seek legal representation from an attorney who has worked with similar claims in the past. Even if a client was not a victim of legal malpractice, another case involving real estate matters or your specific field can help a legal malpractice attorney assess your claim potential. Another factor is success rate. One of the best indicators of an attorney’s ability to secure a desirable outcome for clients is previous results. Find an attorney who can point to a favorable track record in handling legal malpractice claims. Third, consider a legal malpractice attorney’s reviews. Online reviews and testimonials provide insight into how a legal malpractice attorney’s clients feel about their representation. Finding an attorney who has helped other clients find relief is always a good sign.
What to Anticipate in a Legal Malpractice Claim
A legal malpractice case in Pittsburgh, Pennsylvania is, for the most part, similar to legal malpractice litigation in other states. Traditionally, these cases progress in the following stages:
- Consultation
- Filing a complaint
- Discovery
- Possibility of alternative dispute resolution
- Trial or settlement
The same type of litigation that is present in these cases exists in other types of cases, but legal malpractice cases and attorney malpractice cases can be broken down to demonstrate those exceptions. The most significant exception is the need to overcome the statute of limitations specially devoted to "malpractice in office" type claims, as these claims have a two-year statute of limitation. Generally speaking, most other personal injury claims have a four-year statute of limitation.
Most legal malpractice cases begin with a free consultation. During this initial meeting, the client will explain their case and ask the attorney questions. It’s the attorney’s responsibility to determine whether there is a valid claim that holds merit. Typically, a legal attorney will not take your case unless it is expected to gain a favorable outcome.
Filing a complaint will begin the legal process. This is the document that puts the attorney on notice, that they may be subject to liability for malpractice. The plaintiff must allege in the complaint the legal duty that the attorney breached. While the plaintiff does not need to prove their case at this point in time, it is still in their best interests to explain the legal elements of a malpractice case to state a claim upon which relief can be granted. Pennsylvania is very strict about filing complaints that do not state a claim upon which relief can be granted, so it is critical to work with an attorney who has experience filing these type of complaints.
The next step includes discovery, and this part of any personal injury suit will be conducted in the way any other case would be. Electronic discovery may be employed as well, and in some cases, Alternative Dispute Resolution may be suggested to expedite the case. This is not an uncommon recommendation, as trials are time-consuming for the court as well as the involved parties. If the case reaches a trial, the jury will make a decision on liability and the extent of damages. The decision that is reached at trial will be final, and cannot be appealed, meaning clients always obtain a final result. A jury trial is usually the last resort when it comes to legal malpractice cases, where the jury will make a decision on the outcome of the case that’s final and binding. It can be difficult to win legal malpractice cases, and recover damages, but if the damages are successfully recovered, the attorney will likely not be expected to forfeit their fees, and the plaintiff will probably not receive all of their fees back as a result of the legal malpractice.
How to Prepare for Your First Meeting
Before meeting with a legal malpractice attorney in Pittsburgh, it is important that you come prepared. At the first appointment, bring along any and all letters, pleadings, correspondence, documentation or evidence which will support your case. Do not be surprised on the day of your consultation if the attorney doesn’t have a final answer for you. They will require more time to review all the materials. It is not uncommon for a legal malpractice attorney to call or e-mail a client with more unsettling news. Usually additional time will be needed to make an accurate determination as to whether a legal malpractice case exists. This is not unusual.
However, it is always worthwhile to consider the following questions during your first meeting:
- What does the attorney say about the case?
- Is the attorney straightforward about the potential success of a case (positive and/or negative)?
- Does the lawyer seem confident , professional, ethical and knowledgeable in the law, the facts and the procedure?
- Discuss the matter in layman’s terms. If the attorney uses legalese or denies you an explanation because you are not a lawyer, your matter may not be in good hands.
- Will the attorney return phone calls and E-mail promptly? Will the lawyer put you in touch with others who will be answering your phone calls and E-mail? Your time is valuable.
- Will the attorney be optimal for this area of law? (In some cases, a general practitioner who is unfamiliar and unqualified in a particular legal practice may take your case for the financial incentive or a referral from another source).
The initial meeting is your way of getting a feel for the lawyer and whether you want to proceed with the professional relationship. This is your chance – there is no required commitment.
Case Studies and Illustrations
Pennsylvania, and specifically Pittsburgh, has been the site of numerous legal malpractice cases. In Meyer v. Uber, the plaintiff, a Pittsburgh resident, brought to the Court of Common Pleas a legal malpractice case against his personally maintained representation. The person that Mr. Meyer had been working with in his workman’s compensation hearings did not inform him of a second hearing that was scheduled. As a result of this lack of communication, Mr. Meyer did not attend this second hearing and, consequently, lost his workman’s compensation claim. His case was transferred to the Allegheny County Court of Common Pleas, where Judge Stanton Wettick, Jr. granted the defendant’s demurrer, meaning the Court found that the Defendants’ argument was sound and would ultimately prevail at trial. Considering that Meyer had failed to establish a clear-case of legal malpractice, the Court did not see any malpractice present and subsequently dismissed the case. (2012 Pa. Dist. & Cnty. Dec. LEXIS 19927, 22-23)
The case of Martin v. Veith is a clear example of a legal malpractice claim gone wrong. In October of 2007, Deacon Larry D. Veith filed a personal injury suit against a New Jersey school insurance fund after his wife, Carol Veith, was killed in a bus accident while traveling for a graduate-level education program. After Deacon Veith’s wife died from injuries related to the accident, he started his legal malpractice claims under the theory that the lawyers who he sued with did not properly handle the litigation against the bus company. The plaintiff chose to seek damages under both Pennsylvania and New Jersey law, where under Pennsylvania, if the client did not enjoy a successful outcome under the legal services provided, but the underlying case had some "possible merit,…" the "loss would rest with the client." (2006 Davis v. Clark, 785 A.2d 1089 (Pa. Super. Ct. 2001). Veith considered his options in many other courts, including: Pennsylvania, New Jersey, Maryland, and even the Liberty Mutual Insurance Company, all while filing against multiple defendants. Ultimately, plaintiffs’ counsel withdrew in January of 2011, and a year later Malat was appointed to provide an independent review of the case. Even with Malat’s recommendations, the legal malpractice claim was still dismissed prior to trial on the basis that was beyond the statute of limitations in Pennsylvania. (2011 Pa. Dist. & Cnty. Dec. LEXIS 27357 (Nov. 5, 2011).
Legal Malpractice Lawyers: Cost and Fee Structures
Most legal malpractice cases on behalf of clients are done on consignment – that is no charge if no monetary recovery. We work for clients who can be paid at their legal malpractice attorney fees so that means getting a recovery. On the other hand, we have seen many law firms take on legal malpractice cases on hourly fees. In fact, attorneys are free to negotiate any fee that the client will bear. The Pennsylvania Rules of Professional Conduct state: "Rule 1.5. Fees (a) A lawyer’s fee shall be reasonable. In determining the reasonableness of a fee the following factors shall be considered: (1) the time and labor involved, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the likelihood that the acceptance of the employment will preclude employment of the lawyer by other clients, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, the experience, reputation and ability of the lawyer or lawyers performing the services, the time limitations imposed by the client or by the circumstances, the nature and length of the professional relationship with the client, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, the experience, reputation and ability of the lawyer or lawyers performing the services, the time limitations imposed by the client or by the circumstances, the nature and length of the professional relationship with the client, the ability or disability of the client (Rule 1.16 [declining or terminating representation] and comment 1); and whether the fee is fixed or contingent (c and d). A lawyer may charge a nonrefundable retainer provided that the lawyer has earned the fee in accordance with accepted fiduciary standards." There are local and national surveys as well as studies on how much clients pay. Fewer have done attitudinal pieces such as the sense of mistrust, the taking advantage of… and other issues that come into play when a client feels their attorney has mishandled their case. Clients need to balance out whether they have a potential recovery and how to meet the legal fees along with putting together an ever expanding number of issues. Whether it be a litigation or a flat fee on an appellate case, there are many legal fees that legal malpractice attorneys charge at the outset, on appeal and then can be at settlement of the underlying case.
Common Questions About Legal Malpractice in Pittsburgh
When dealing with legal malpractice cases, there are many questions that clients frequently ask. It is vital that every client knows the answers to these questions so they can obtain the representation necessary to pursue their case.
1. What is legal malpractice?
A violation of the duty or standard of care by an attorney in a legal matter in which the client suffered damage.
2. What if I had a bad outcome with my case?
A bad outcome with a legal case does not mean you necessarily had legal malpractice. Your lawyer and the court system are not infallible. There may be outcomes in certain cases that are undesirable.
3. Do I always have to prove my lawyer was negligent?
To have a claim for legal malpractice, you need to show that there was a breach of the standard of care. In some areas, like domestic relations, there is a presumption of good faith. Even in these cases , your lawyer must act in the best probable manner under the circumstances.
4. I lost my case, does this mean I have a valid legal malpractice claim?
No. Remember, your lawyer is not a magician. They cannot perform miracles. A lawyer has a duty to perform competently, but it isn’t a guarantee of success. The bad result must be as a direct result of substandard conduct by your attorney.
5. Is it worth it to pursue a legal malpractice claim?
It really depends on the client and the circumstances of the particular case. We can help answer that question on a case by case basis.
6. How much will it cost to retain counsel?
This depends on the lawyer whom you choose to hire. Many offer free consultations. We offer free consultations.
7. What should I bring to my initial meeting?
All documents relating to the legal case, mental competency reports, medical records, etc.