Attorney Negligence: When Your Lawyer’s Mistakes Derail Your Claims

Not all legal malpractice arises from intentional wrongdoing.  Even an honest mistake can have a devastating impact on your ability to pursue legitimate claims against third parties.  Legal malpractice occurs when a lawyer’s conduct falls below the standard of care that a reasonable attorney would exercise under the same circumstances and that failure causes you harm.

Common Types of Attorney Negligence

Whether your attorney was negligent involves a fact-specific inquiry but often includes the following types of mistakes or omissions:

• Missing deadlines: While courts can be lenient about scheduling issues, there are some deadlines that are jurisdictional and cannot be waived.  For example, a statute of limitations is a legislatively created deadline for asserting claims in court. Failure to file a complaint before the statute of limitations expires creates a permanent bar that prevents you from ever pursuing your claims. Similarly, court rules create specific, non-extendable deadlines for requesting certain types of relief, including an appeal of an adverse ruling.  If your lawyer fails to file a timely notice of appeal, the adverse ruling becomes permanent.
• Failing to assert compulsory counterclaims:  If you are named as a defendant in a lawsuit and have your own claims against the plaintiff arising from the same transaction or event, you must assert those claims in the same case.  If you don’t, and the matter is resolved on the merits, you have waived your right to ever bring those claims.
• Inadequate preparation:  Sometimes lawyers fail to properly investigate a case, pursue discovery, or adequately research and respond to legal issues advanced by the other side. Whether it’s due to poor case management or just generally inadequate preparation, the result can be a shellacking in a case you should have won.
• Communication failures: Your lawyer has a duty to keep you reasonably informed about the status of your case.  Failure to adhere to that duty can cause real harm, including missed opportunities to settle or weigh in on other important decisions substantively affecting the direction of your case.

What Should You Do if Your Attorney Was Negligent?

The statute of limitations for filing a legal malpractice case in Ohio is short – just one year from the date of the malpractice or termination of the representation relating to the specific matter at issue, whichever is longer.  And the clock begins ticking from the moment you should have known something was amiss, even if you don’t yet know the extent of your damages.

It is important to consult with an experienced legal malpractice attorney as soon as you suspect attorney negligence.  Our firm is built on a legacy of fighting for clients who have been wronged. Our experienced trial lawyers can help you understand your situation, explore your legal options, and develop an assertive strategy designed to recover your financial losses.

Talk To A Cleveland Attorney Negligence Lawyer

Our litigators have extensive trial experience in legal malpractice and can assess your case. Whether your lawyer acted intentionally or was merely negligent, the financial impact on you is likely the same. You could be entitled to recover damages for their mistakes.

To schedule an initial consultation and get clear guidance on next steps, call our office today at 216-781-7777. You can also send us a message through our website.