We wrote recently about the Top Five Tips for Hiring an Attorney and What to Watch Out for When Hiring an Attorney.\u00a0 We hope those helped you make the important decision about who to hire.\u00a0 But what happens if you already hired an attorney and they made a mistake that hurt your case?\u00a0 What can you do?\u00a0 Do you have any recourse?\u00a0 The answer is – that depends.\u00a0 Attorneys are allowed to exercise their discretion about how to handle a particular case.\u00a0 Some case results aren\u2019t what either the client or the attorney hoped for, but make sense under the circumstances.\u00a0 Some results, however, are caused by actual errors made by the attorney and you may be entitled to seek compensation from the attorney in those cases.\u00a0 Here are some of the most common areas where attorneys make mistakes:<\/p>\n
There are time limits, called statutes of limitation, for when a lawsuit has to be filed with the clerk of the court for the lawsuit to be effective.\u00a0 If the lawsuit isn\u2019t filed by those deadlines, then any right to make a claim can be lost forever.\u00a0 How these time periods are calculated is a very complicated issue.\u00a0 First, the time periods are different in different types of cases.\u00a0 Also, in some types of cases, it not only matters when an event happened, but when the injured person discovered that an event happened.\u00a0 Sometimes lawyers calculate these time periods wrong, and the client\u2019s rights are lost.<\/p>\n
In addition for the time limit for filing<\/span> a lawsuit, there are time limits for when the necessary suit papers have to served<\/span> (delivered) to the defendants in the lawsuit. If the right papers are not served on the right people in the right timeframe, it is as if the lawsuit was never filed. Unfortunately, there are cases where the lawyer serves the wrong people or serves them too late, and the lawsuit gets dismissed.<\/p>\n Not all lawyers can represent all the clients who come to them with potential cases under all conditions.\u00a0 A lawyer has a duty to any one client that cannot be compromised by adding other clients.\u00a0 For example, a lawyer can only represent one side in a divorce case.\u00a0 Another example is that a lawyer can represent only one person in a car wreck if there isn\u2019t enough insurance to fully compensate everyone who might deserve compensation. A conflict is a serious matter and lawyers should avoid them.<\/p>\n Despite all the urban legends, and fortunately for us all, there are very few frivolous lawsuits filed.\u00a0 However, the law is clear that if you hire a lawyer who files a frivolous lawsuit, you and the lawyer can be punished for doing so.\u00a0 If you are counting on and following your lawyer\u2019s advice (as you should be) and you are unexpectedly hit with sanctions, your lawyer may be accountable to you for the harm caused by filing such a lawsuit.<\/p>\n Lawyers have to handle client matters, and client funds, with a high degree of responsibility.\u00a0 This \u201cfiduciary relationship\u201d means that the lawyer cannot, ever, take funds that belong or may belong to a client without strict accounting and the client\u2019s approval.\u00a0 Sadly, sometimes lawyers take a client\u2019s money when they shouldn\u2019t.\u00a0 That is always wrong, even if they make up for it later.\u00a0 A lawyer should be and is strictly accountable to a client for all funds.<\/p>\n At Nelson Boyd, we represent clients whose previous lawyers have harmed them by committing legal malpractice.\u00a0 If you think you may have a claim, please contact us at (206) 971-7601 and see our website at <\/b>www.nelsonboydlaw.com<\/b><\/a>.<\/b><\/p>\n3. Having a conflict of interest with the client.\u00a0 <\/strong><\/h4>\n
4. Filing a frivolous lawsuit.\u00a0 <\/strong><\/h4>\n
5. Stealing your money.\u00a0 <\/strong><\/h4>\n