Author Archives: Robert Ross
When DID I Fire My Lawyer? Termination of the Attorney-Client Relationship
A client who believes that his or her attorney committed malpractice (also known as “professional negligence”) in the course of representation must file a lawsuit within a specified time, or the client may lose the right to sue and recover damages from the attorney. The period when a suit must be filed is governed… Read More »
Homeowners: Do You Have an Emergency Plan?
Property hazards abound in the home, but many homeowners forget another important aspect of keeping the home and family safe: an emergency plan. Disasters, and smaller emergencies within the home, can strike at any time and without warning. Smart homeowners have plans in place, and educate family members about what to do when an… Read More »
What Effect Does Firing a Lawyer Have on Malpractice Lawsuits?
As we discussed last week, the statute of limitations, which governs how long a client has to sue a lawyer for malpractice (aka, professional negligence) is “tolled” – or paused – in certain circumstances. This week, we look on the effect a continuing attorney-client relationship has on that statute of limitations. To refresh: all… Read More »
Statutes of Limitations: Setting the Timer on Legal Malpractice Actions
Many people are unaware that specific laws, called statutes of limitations, set a limit on the amount of time a plaintiff has to pursue most civil claims. A person who fails to file a lawsuit before the limitations period ends may be barred (prevented) from ever filing a suit, pursuing a claim, or recovering… Read More »
A Shocking Hazard Homeowners Can’t Forget
Many homeowners take the time to clean up hazardous substances and clear off tables before young children visit, but a surprising number forget that a dangerous hazard lurks in every wall. Unprotected or outdated electrical outlets can injure not only children, but guests and family members too. Inspect all outlets regularly, and consider the… Read More »
Punitive Damages in Legal Malpractice Actions
WHAT ARE PUNITIVE DAMAGES? Punitive damages are designed to punish a defendant for wrongful conduct and to deter future, similar conduct by the defendant and others. Punitive damages are a form of legal award designed to punish people who willfully commit wrongful acts that infringe the rights of another. Although there are standards regulating… Read More »
Summer Hazards: Blossoms, Blooms & Berries
In summertime, flowers and shrubs put forth a lovely (and sometimes tantalizing) array of blossoms and berries. Homeowners need to exercise care to ensure that guests, invitees, and others don’t suffer injury as a result of attractive landscape features and plants. BEWARE OF PLANTING TOXIC SPECIES Many ornamental plants are toxic if ingested, and… Read More »
Attorney Fee Claims in Legal Malpractice Actions
STANDARD DAMAGES FOR LEGAL MALPRACTICE: PROVABLE LOSSES RESULTING FROM THE WRONGFUL CONDUCTÂ Attorneys who commit malpractice are liable for all damages the client suffers as a result of the lawyer’s wrongful conduct. Standard damages for legal malpractice include the actual, measurable damages to the client which resulted from the attorney’s malpractice. Essentially, this requires… Read More »
Summer Water Hazards: Ponds and Fountains
Summer temperatures have arrived … and with them, special hazards for homeowners with ponds, fountains, and other water features. Landscaping features like ponds and fountains present a year-round hazard, but the dangers increase in summer, when the weather makes water more attractive to children and animals. A child can drown in two inches of… Read More »
Damages in Attorney Malpractice: What Must A (Former) Client Prove?
Damages are a mandatory element of a legal malpractice action. If the plaintiff has not incurred demonstrable damages as a result of an attorney’s wrongful conduct, the malpractice claim cannot prevail. Although it seems unfair to some people, “mere” breach of a professional duty–without measurable damages–does not create a legal malpractice claim. Nominal damages… Read More »
