Author Archives: Robert Ross
When Can Attorneys Be Held Liable for the Acts of Others?
In previous Monday articles, this blog has examined the standard of care an attorney owes to his or her clients, and the manner in which a breach of that duty may constitute legal malpractice. Most of the time, legal malpractice claims are based on the actions of an attorney and made against the attorney… Read More »
Unexpected Household Toxins: Poisonous Plants
Most homeowners understand the hazards posed by cleaning products and other poisonous substances. As a rule, homeowners know to keep toxic chemicals in locked and elevated cabinets, away from children and pets. Unfortunately, many people don’t consider the dangers posed by household and garden plants, many of which prove fatal when ingested. BEWARE OF… Read More »
Do You Have A Lawyer? Creation of the Attorney-Client Relationship
Legal malpractice cannot exist unless an attorney-client relationship also existed between the lawyer and the client at the time of the attorney’s alleged misconduct. Sometimes, people believe they have legal representation when, in fact, the attorney-client relationship has been dissolved or never existed at all. At other times, attorneys accused of malpractice will deny… Read More »
The Dangers of a Perfect Lawn
Holes and construction areas present relatively obvious threats to children and other visitors to a home. Less obvious, however, are the dangers presented by common lawn and garden items–many of which homeowners leave unattended on a regular basis while answering telephone calls or running inside “for just a moment.” A moment is all an… Read More »
The Costs of Malpractice Litigation
Clients who fail to receive the result they desire sometimes think a malpractice action represents an “easy solution” to the client’s dissatisfaction with legal services received. However, legal malpractice actions are neither easy nor inexpensive. In fact, the costs of a legal malpractice action often make malpractice litigation an unreasonable (and inefficient) response. A… Read More »
Property Hazard Avoidance: Watch the Windows
Sliding doors and shower doors are not the only glass-related hazards in the home. Windows represent a danger too, for several reasons. Like other hazards, homeowners can be held liable for injuries or deaths resulting from unsafe conditions relating to windows. Smart homeowners keep windows locked, supervise children, and install proper safety devices. UNLOCKED… Read More »
Attorney Discipline vs. Attorney Malpractice
For the past few weeks, the Monday posts have focused on the basic elements of attorney competence and malpractice. However, malpractice liability isn’t the only consequence of an attorney’s failure to provide competent representation to his or her clients. The Bar Association can also examine and discipline attorneys following allegations of improper conduct. … Read More »
Birthday Party Hazards: Fatal Foods
Birthday parties, like other celebrations, usually feature special foods like cake and ice cream. Children’s parties often include a meal as well as treats. Unfortunately, where food is present, allergies and choking hazards are also a real risk. Homeowners may be liable for injuries or deaths resulting from the foods they serve at children’s… Read More »
Limiting Attorney Malpractice Claims
For the past few weeks, the “Malpractice Monday” series has discussed the basic elements of attorney competence. Attorneys who fail to meet these standards, as well as other legal and ethical duties, may be held responsible for malpractice. The law holds an attorney liable for malpractice when negligent conduct of the client’s case or… Read More »
Birthday Hazards: Chaperones and Supervision
Every parent knows the importance of proper supervision when children play. Parents watch their toddlers closely, and keep an eye on older children when dangers threaten. However, many parents overlook the importance of adequate supervision at children’s parties, and even more forget that supervision remains important when the party involves pre-teens and teenage guests…. Read More »
