When your attorney took on your case, you likely assumed that they would prioritize your interests over their own. You may have discovered, though, that they have a conflict of interest in representing you. No matter your attorney’s reputation, this conflict may have affected your case’s outcome. It is important, then, to hold them accountable [...]
What to know about expert witnesses Expert witnesses provide their opinion on relevant information in court cases. They have specific professional qualifications in an area that relates to a specific case. For example, in a personal injury lawsuit, a professional accident reconstructionist could be hired as an expert witness to provide their opinion on how [...]
Courts like to keep their process running smooth. Indeed, given how overwhelmed most courts are with cases, it’s imperative. The consequences for missing a court deadline can be strict and severe. Some are even required by statute. In other situations, your lawyer may be able to fix their mistake. Could you lose your case because [...]
Lomont Case Summary and Its Future Applicability Certain cases only have an impact on the parties involved, and then there are cases with widespread implications. The landmark Louisiana legal malpractice case Lomont v. Bennett falls squarely in the latter category. This case stems from the handling of divorce and related domestic matters. The client hired [...]
Where Should I Pursue My Legal Malpractice Claim? In law, where you file a lawsuit can be just as important as what you file within the lawsuit. This legal concept is called venue. Venue is the “where” consideration involved in a lawsuit. Venue is typically determined by who is bringing the action and [...]
Vicarious Liability: What Do You Do When An Employee’s Mistake Affects Your Case? Even when liability comes from the conduct of another person, an attorney’s liability also can include negligence for the hiring or supervision of that person. This is where the concept of vicarious liability comes into play. The most common instance where vicarious [...]
Legal Malpractice Defenses When filing a legal malpractice claim against an attorney,be prepared for the attorney (and insurer) to fight back. Under Louisiana law, you must file suit within three years of the lawyer’s alleged act of malpractice, and within one year of actual or constructive knowledge of that malpractice. One of the most common [...]
Proving Your Attorney’s Malpractice Because we already know what legal malpractice is, it’s time to jump into the standard needed to prove an attorney’s legal malpractice. The standard of proof in a legal malpractice claim against your former attorney breaks down into four elements: (1) the existence of a client-attorney relationship, (2) a breach [...]
When your lawyer makes a mistake that impacts your case, you might have a claim against your lawyer. Examples of common mistakes are when your lawyer misses important deadlines or fails to handle your case appropriately. While lawyers are not guarantors of a particular result and are not expected to never make mistakes, some mistakes [...]
As a client, it is no secret what standard of care an attorney owes to you. An attorney is recognized as having legal knowledge and skill superior to that of an ordinary person. As a result, an attorney is held to a more demanding standard of care. An attorney should exercise the skill and knowledge [...]