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 [...]
As a client, it is no secret what standard of care an attorney owes to you. An attorney is recognized as having legal knowledge and skill superior to that of an ordinary person. As a result, an attorney is held to a more demanding standard of care. An attorney should exercise the skill and knowledge [...]
Amid Hurricane Season and following the aftermath of Hurricane Barry, it is a good time to remember that flood insurance is an important part of Louisiana home ownership. In Barry alone, flood loss for residential and commercial properties in Louisiana is estimated to be between $200 million and $400 million, including both storm surge and [...]
What is Legal Malpractice? Your previous attorney made a mistake, but do you have a claim? The answer is yes --- the fact that the responsible party may be your own attorney does not absolve that attorney from all liability. Legal malpractice occurs when there is a failure to perform according to industry standards [...]
Warning! Nature Valley cereal and Roundup weed killer share this same ingredient. A recent WAFB report provides that twenty-one oat-based cereal and snack products popular with children contain traces of glyphosate, the active ingredient in the weed killer Roundup. Traces of the ingredient were discovered during tests conducted by the Environmental Working Group(EWG). EWG said [...]
The purpose of insurance, of course, is to provide protection from damage caused by a possible risk. In exchange for the payment of a premium, the insurance company agrees to provide certain protections that are explained and defined in the policy that is purchased. Sometimes the government requires us to purchase certain insurance—like state required [...]
In August 2016 a heavy three-day rainfall resulted in historic flooding in parts of south Louisiana. The events surrounding the flood have been called “unprecedented,” “a 500-year event,” and “catastrophic” just to name a few. This historic flood led to much damage and despair, washing away generations of memories and leaving behind an aftermath of [...]