Reliable And Experienced Help For Legal Malpractice
If an attorney does not provide competent service or behaves unethically, you may have the right to seek compensation for your damages. At Leeseberg Tuttle, we help clients in Columbus and throughout Ohio who have suffered harm from an attorney’s negligence (also known as legal malpractice).
Our attorneys use more than 75 combined years of experience to represent people who have experienced malpractice by an attorney in personal injury, medical malpractice, or other civil litigation. Applying our diligence and skill, we thoroughly investigate the details of your circumstances, build a conclusive case and hold negligent attorneys accountable for their actions.
Legal Malpractice In Ohio: Frequently Asked Questions
Lawyer negligence and legal malpractice is a tricky area of the law and can be highly sensitive in nature. For example, if your negligent attorney is still representing you, it can be difficult to know what to do next and how to proceed. Therefore, our attorneys answer some frequently asked questions with respect to legal malpractice and lawyer negligence.
What is legal malpractice?
Lawyers have obligations and duties to their clients. In the state of Ohio, if those duties are breached, the client may have a claim for legal malpractice. To prove legal malpractice, the client must establish that there was an attorney-client relationship, the attorney breached a duty to their client, and that breach of duty resulted in damages to the client.
Examples of legal malpractice include:
- Failure to disclose a conflict of interest
- Misuse of client funds
- Missing a filing deadline on a case
- Mishandling a case
- Failing to advise and inform a client about the ongoing details of their case
- Filing a lawsuit against the wrong party
An attorney is expected to act with competence, good judgment, and conduct themselves in good faith. If an attorney acts competently and in good faith, an error in judgment does not necessarily subject them to legal malpractice.
I believe my attorney was negligent, but my legal matter is ongoing and my attorney still represents me. What should I do?
The circumstances of every case are unique and it can be difficult to know what to do when you are in the thick of a potential legal malpractice matter. It might also be tempting to want to fire your lawyer and hire a new one. First and foremost, a client should not take any steps that may jeopardize their case. If the legal matter is ongoing, the client should do everything they can to keep the matter moving forward, even though the eventual outcome may have been jeopardized. The best way for a client to know what to do next is to seek advice from an experienced legal malpractice lawyer. Getting advice from an attorney who understands legal malpractice will help ensure that you are taking the appropriate steps in an ongoing legal matter.
In a claim for legal malpractice case, do I have to prove that I would have won my case?
In the state of Ohio, a client must show that their case had merit, but there is not a requirement to completely prove the case within a case as is sometimes required in other states.
How are damages calculated in a claim for legal malpractice?
Every case is different and unique. Legal malpractice in a personal injury case will look different than legal malpractice in a real estate transaction. Generally, in a legal malpractice claim the potential for economic loss or gain is used to calculate the damages a client sustained due to attorney negligence. For example, if you can prove that an attorney’s negligence resulted in a much lower settlement, you may be entitled to damages for the difference between that and what you should have received. If you were the defendant in a case and had to pay more because of an attorney’s misconduct or malpractice, you may be entitled to the difference between what you paid and the lesser amount you should have had to pay.
Who pays for a legal malpractice claim?
In Ohio, a lawyer must either have legal malpractice insurance (also known as professional liability coverage) or, if they do not carry such coverage, they must tell the clients who hire them that they do not have coverage. Likewise, if they terminate coverage, they must also inform their clients that they no longer have coverage. In the event of a legal malpractice claim, the attorney’s professional liability coverage will cover any potential damages within the policy’s limits.
How long do I have to file a claim for legal malpractice?
In Ohio, there is a one-year statute of limitations on legal malpractice matters, which means that a case has to be filed within one year from the date you discover the attorney’s wrongdoing. In addition, the state of Ohio has a four-year statute of repose, which means that cases for legal misconduct must be filed within four years of the wrongful act, regardless of when you discovered the misconduct.
Each and every potential claim for legal malpractice will have its own unique set of facts and circumstances. We know that if you are considering pursuing a claim for legal malpractice against a negligent lawyer, you probably have a lot more questions. At Leeseberg Tuttle, we offer free consultations. This way, we can walk through the facts and circumstances of your particular legal issue and potential legal malpractice claim.
Why Place Your Trust In Our Team?
When clients endure a negative experience with a lawyer who mishandled an important legal matter, trust in attorneys can be damaged. At Leeseberg Tuttle, we work hard to rebuild that trust in attorneys, by diligently, thoughtfully, and aggressively representing clients against those negligent attorneys. You can rely on our reputation for excellence and credentials, which include:
- Selected for inclusion in The Best Lawyers in America
- Selected for inclusion in Ohio Super Lawyers for several years
- Board-certified in trial advocacy by the National Board of Trial Advocacy
- Multiple multimillion-dollar verdicts and settlements
- Renowned for success among peers, professional experts, and past clients
In addition to these accolades, we prioritize excellent and caring client service. We will sit down with you in person or virtually to discuss your previous experience so that we understand how to develop the best approach toward seeking justice on your behalf. When you call, text or email us, you will always receive a prompt response from one of our compassionate staff members.
Discuss How We Can Help With Legal Malpractice – Free Consultations
Again, Ohio has a one-year statute of limitations on legal malpractice claims. Due to the time-sensitive nature of these cases, you should consult our attorneys as soon as you can. We handle legal malpractice cases on a contingency fee basis. That means, if we do not recover compensation for your damages, we do not collect a fee from you. To schedule a free, confidential consultation, please call us toll-free at 855-445-6266 or send us an email.