Where Should I Pursue My Legal Malpractice Claim? In law, where you file a lawsuit can be just as important as what you file within the lawsuit. This legal concept is called venue. Venue is the “where” consideration involved in a lawsuit. Venue is typically determined by who is bringing the action and [...]
Vicarious Liability: What Do You Do When An Employee’s Mistake Affects Your Case? Even when liability comes from the conduct of another person, an attorney’s liability also can include negligence for the hiring or supervision of that person. This is where the concept of vicarious liability comes into play. The most common instance where vicarious [...]
Legal Malpractice Defenses When filing a legal malpractice claim against an attorney,be prepared for the attorney (and insurer) to fight back. Under Louisiana law, you must file suit within three years of the lawyer’s alleged act of malpractice, and within one year of actual or constructive knowledge of that malpractice. One of the most common [...]
Proving Your Attorney’s Malpractice Because we already know what legal malpractice is, it’s time to jump into the standard needed to prove an attorney’s legal malpractice. The standard of proof in a legal malpractice claim against your former attorney breaks down into four elements: (1) the existence of a client-attorney relationship, (2) a breach [...]
When your lawyer makes a mistake that impacts your case, you might have a claim against your lawyer. Examples of common mistakes are when your lawyer misses important deadlines or fails to handle your case appropriately. While lawyers are not guarantors of a particular result and are not expected to never make mistakes, some mistakes [...]