- What is considered legal malpractice for an attorney?
- Does my lawyer have to communicate with me?
- Does my lawyer have to tell me if he/she makes a mistake?
- Can I sue my lawyer?
- Does my lawyer have insurance to cover error and omissions that he/she may make?
- How long do I have to bring a legal malpractice claim against my former lawyer?
- What do I do if my lawyer is not helping me?
- How do I report an ethics violation by a lawyer?
What is considered legal malpractice for an attorney?
Legal malpractice is failure of your lawyer to provide you with professional services using the skill and knowledge common to the average, prudent and reputable lawyers who provide the same type of legal services. This almost always requires that the victim of legal malpractice present expert testimony to establish the standard of proper professional skill for what the lawyer was hired to do. Victims of legal malpractice also must prove (1) they had an attorney-client relationship with the lawyer; and (2) that their lawyer’s malpractice caused them harm.
Does my lawyer have to communicate with me?
Generally, the cannons of Legal Ethics require Attorneys to reasonably communicate with their clients. In Connecticut, a lawyer is required to promptly inform the client of any decision which requires the client’s consent, including the decision in a civil lawsuit as to whether or not to settle the case. In addition, a Connecticut lawyer is required to keep the client reasonably informed of the status of the client’s matter, and promptly comply with reasonable requests for information by the client. Further, a lawyer must consult with a client about any relevant limitation on the lawyer’s representation of the client, for example if the lawyer has a potential conflict of interest.
Does my lawyer have to tell me if he/she makes a mistake?
Generally, the duty to communicate with a client includes the duty to inform the client of any relevant error or omission made by the lawyer. In Connecticut, Attorneys may not withhold such information from the client to serve the lawyer’s own interests.
Can I sue my lawyer?
Lawyers are subject to being sued for their mistakes like other professionals. If your case is still pending when the lawyer makes the mistake, you may be able to sue your former lawyer even if you find another lawyer to help you try to fix the mistake. You should not agree to allow the lawyer who made the mistake to withdraw from representing you until you consult with a lawyer knowledgeable in handling legal malpractice cases.
Does my lawyer have insurance to cover error and omissions that he/she may make?
Whether an attorney is required to carry insurance varies from jurisdiction to jurisdiction. In Connecticut, Attorneys are not required to carry errors and omissions insurance. However, a client considering hiring an attorney may ask the lawyer if he/she carries insurance, and to provide the limits of that coverage.
How long do I have to bring a legal malpractice claim against my former lawyer?
The statute of limitations to bring a claim against a lawyer varies from jurisdiction to jurisdiction. Generally, in Connecticut, a person has three years from the act or omission complained of to file a legal malpractice lawsuit. However, the statute of limitations may be extended under certain circumstances. One should consult with an attorney who practices in the area of legal malpractice claims if he/she believes they have been the victim of legal malpractice, regardless of when the legal malpractice occurred.
What do I do if my lawyer is not helping me?
You have a right to fire your lawyer even if you signed an agreement with that lawyer. You may still have to pay the fired lawyer, but that is not always the case. Where you hired your lawyer on a contingency fee basis, often your next lawyer will resolve the fee issue with your former lawyer without you paying any additional fee.
How do I report an ethics violation by a lawyer?
Each jurisdiction has its own reporting procedure. In Connecticut, a complaint or grievance is should be submitted on a complaint form which may obtained at every Superior Court’s Clerk’s office. Complaints or grievances are submitted to:
Statewide Bar Counsel
287 Main Street, Suite 2, Second Floor
East Hartford, CT 06118-1885
