On March 6, 2013, Douglas Chandler of Chandler Law LLC was invited to present to the Fulton County Business Court Judges and Staff Attorneys on the topic of Legal Malpractice. The goal of the interactive presentation was
Can I sue my lawyer?
Having represented many clients in legal malpractice and State Bar disciplinary matters, I can’t begin to count how many phone calls have started with that question. Non-lawyers (and even some lawyers), are surprised to learn that the answer is often more complicated than they think. In the first two parts of this series, we focused on some elements that you must satisfy in order to have a viable claim against your attorney.
As I mentioned in Part 1 of this series, you’ll need to fulfill at least three essential elements in order to have a valid legal malpractice claim:
- There was an attorney-client relationship, or at least a good faith basis for relying on the attorney.
- The attorney failed to exercise ordinary care, skill and diligence.
- Damages (loss of money, property, health, etc.) were caused by the attorney's failure and not some other factor. As discussed in Part 1, the underlying damages must have been collectible.
I hear it all the time; “My lawyer screwed up. I want to sue.”
As a Board Certified Georgia Legal Malpractice Attorney, I get these calls often. Unfortunately, Georgia law requires a little more evidence than a clear mistake by the attorney for you to actually succeed in a legal malpractice case. You’ll need to fulfill at least three essential elements in order to have a valid claim:
State Bar discipline, legal malpractice and serious personal injury attorney receives top honor from Georgia Trend Magazine.
10 factors to consider before you sue your lawyer.
So you’ve hired a lawyer to help you solve a problem. Something goes wrong and you don’t receive the service or outcome you expect. The first question many of you will ask is, “Can I sue for legal malpractice?”
What to expect if the complaint against you ends up in front of the Georgia Supreme Court.
Part 1 of this series discussed the initial response to a Bar complaint, and Part 2 covered what to expect if the complaint is assigned to the Investigative Panel. Part 3 reviewed ways to minimize the chances of receiving a Bar complaint. This final installment covers what happens if a bar complaint makes it to the big show – the Georgia Supreme Court.
Part 1 of this series discussed the initial response to a Bar complaint, and Part 2 covered what to expect if the complaint is assigned to the Investigative Panel. In Part 3, let’s look at ways to minimize the chances of receiving a Bar complaint by learning from other attorneys’ experiences and mistakes.
Investigative Panel Review
Part 1 of this series discussed the initial response to a Bar complaint, and provided some practical advice for improving the chances of success and minimizing the potential damage to your practice, lifestyle and reputation. Part 2 covers what to expect if the complaint is assigned to the Investigative Panel.
Learning some lessons from the recent Hunter Maclean v. St. Simons Waterfront appeal.
How do you protect your internal firm communications from discovery in a legal malpractice case? The recent Hunter Maclean opinion by the Georgia Court of Appeals provides at least a little direction after so many courts around the country have issued differing opinions. Part 1 of this article presented some background information along with suggested ways to avoid conflicts of interest.