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Ketucky Legal Malpractice Attorney

Helping Louisville Area, Kentucky residents recover from mistakes of legal services provided by negligent attorneys.

In every profession people make mistakes. Lawyers make them too, because in a profession as complex and comprehensive as the law, mistakes are inevitable. Correction is possible in most cases and is not too costly if done in a timely manner. But sometimes an error can be so serious and devastating that it damages or fully destroys the client’s case. From that moment the error becomes a malpractice case. Overcharging, ethical problems and legal malpractice are not confined to “bad lawyers," but rather lawyers in well-respected, large companies can also commit malpractice, overcharge and have ethical issues. Large firms have more attorneys employed and have less control over employees within the company’s infrastructure. Paralegals and associates are often allowed to take too much participation in serious cases that need the experience of a professional lawyer.

The word “malpractice” is applicable to any profession, within which a professional has caused harm. The term “negligence” is also used for this type of case. More specifically, it happens when an attorney has handled the case so badly and so poorly represented the client that the lawyer’s conduct has fallen beneath the standard of practice of other lawyers in the area handling similar cases.

In order to prove the lawyer is liable for the malpractice and damage in your case, you would need to prove one of the three major theories of liability: negligence (literally malpractice, missing an important statute that could play a major role in the client’s case), breach of fiduciary duty (fiduciary duty is a duty when a client entrusts something to the renderer of the services, such as money given to the broker as an investment), breach of contract (an interruption of contract for various reasons).

Malpractice can occur in many various ways and it covers every area of law – from acquisitions to zoning. Often times the nature of malpractice is clear. Here is a basic example: an attorney misses a critical statute of limitations and the client’s case is lost permanently. In practice it is more complex, as the misconduct is more subtle and nearly always requires expert legal witness to establish the fact of a legal malpractice. One way or another, clear or complicated, when this professional misconduct has induced or caused damage to a client’s case two things become necessary: prove the lawyer’s misconduct and prove what the outcome of the case would have been in the absence of the lawyer’s negligence. This is commonly called a “case within the case” factor. Often times, the requirement is the trial for the underlying case in the trial of the legal malpractice case. This is the top reason why legal malpractice cases are so difficult and expensive to handle.

Hans has successfully handled a number of legal malpractice cases for his clients, some involving claims where the malpractice occurred 15 years ago

Library for Ketucky Legal Malpractice Attorney:

• Tennessee Federal Court Order Suspending William Gallion's Lawer, Herbert S. Moncier from practice of law [PDF]   
  Description: Fen Phen Defendant William Gallion's criminal attorney, Herbert S. Moncier was suspended from the practice of law for repeated ethical violations and contempt of court.
• Minnesota Lawyer Must Defend Legal Malpractice Case in Kentucky   
  Description: A Minnesota lawyer is being forced to come to Kentucky to defend himself in a lawsuit alleging he failed to timely file a medical malpractice wrongful death claim.
• Kentucky Federal Court Finds Jurisdiction Over Minnesota Attorney in Legal Malpractice Lawsuit   
  Description: The federal court in the Western District of Kentucky has determined that it can exercise jurisdiction of a non-resident attorney in Minnesota in a legal malpractice lawsuit filed by an Indiana resident.
• I have a Problem With My Lawyer, What Do I do Now? [PDF]   
  Description: Sometimes people make the wrong decision in hiring a lawyer; however, that doesn't mean you have to put up with it. Here are some ways to handle the problems people sometimes encounter with attorneys.
• Brief on Emotional Distress Damages in a Legal Malpractice Case   
  Description: Plaintiff's Brief on Recovery of Emotional Distress Damages in a Legal Malpractice Case Under KRS 411.165
• Larry Birkhead Lawsuit Against Debra Opri [PDF]   
  Description: Larry Birkhead has sued his former lawyer, Debra Opri for legal malpractice, fraud, breach of fiduciary duty and conversion. Read the lawsuit here.
• Crossing State Lines into the Unauthorized Practice of Law [PDF]   
  Description: Article by Del O'Rourke originally published in the Kentucky Bench and Bar.
• Dodging A Blank-Avoiding a Frivolous Malpractice Claim-By Del O'Roark [PDF]   
  Description: Discusses legal malpractice and negligence in kentucky. Originally published in the Kentucky Bench & Bar Magazine and reprinted here subject to the republication terms outlined in the magazine.
• E-Discovery Risk Management is the New New Thing [PDF]   
  Description: Article by Del O'Roark originally published in the Kentucky Bench & Bar discussing the effect of e-discovery on legal malpractice and negligence in Kentucky.
• Getting Physical-Are You Ready for an Office Catastrophe? [PDF]   
  Description: Article by Del O'Roark originally published in the Kentucky Bench and Bar discussing the need for lawyers to implement file protection in order to avoid legal malpractice and negligence claims.
• How to Fire a Client [PDF]   
  Description: Article by Del O'Roark originally published in the Kentucky Bench & Bar discussing the ethical way to terminate a relationship with a client to avoid a legal malpractice or negligence claim.
• Lawyer Website Disclaimer-Fact or Fiction [PDF]   
  Description: Article by Del O'Roark originally published in the Kentucky Bench & Bar discussing whether attorney disclaimers will avoid potential legal malpractice or negligence claims.
• Prospective Clients-Neither Fish nor Fowl [PDF]   
  Description: Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing how lawyers can avoid legal malpractice and negligence claims by being clear about "Curb side" consults.
• Sharing Offices-The Risk Management and Practice Considerations [PDF]   
  Description: Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing what types of problems office sharing lawyers can encounter and how they can turn into legal malpractice or negligence cases.
• Shredded any Good Documents Lately? [PDF]   
  Description: Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing the ethical implications of destroying documents in the context of legal malpractice and negligence lawsuits.
• The Ethical and Legal Malpractice Implications of Impaired Lawyers & Their Unimpaired Associates [PDF]   
  Description: Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing the ethical and legal malpractice issues surrounding impaired lawyers.
• The Secret Life of Client Files [PDF]   
  Description: Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing the ethical and legal malpractice issues surrounding an attorney's handling of client files.
• Terminology applicable to rules governing conduct of Kentucky Lawyers   
  Description: Terminology governing rules of professional conduct for lawyers in Kentucky.
• Rule and Commentary Outlining Competency of Kentucky Lawyers   
  Description: Kentucky's rules of professional conduct require lawyers be competent in the work they undertake.
• Rule and Commentary Regarding the Scope of a Lawyers Representation in Kentucky.   
  Description: Oulines the scope of representation of Kentucky lawyers.
• Rule and Commentary Requires Kentucky Lawyers Be Diligent   
  Description: Kentucky's rules of professional conduct require lawyers be diligent in handling their client's cases.
• Rule and Commentary Requiring Lawyers Communicate with Client   
  Description: Kentucky's Rule of Professional Conduct Requires Lwyers Communicate with his or her clients.
• Rule and Commentary Regarding Legal Fees   
  Description: Kentucky's rule of professional conduct regarding attorney's fees.
• THE COMPLETE KENTUCKY SUPREME COURT RULES OF PROFESSIONAL COND   
  Description: The complete Kentucky Supreme Court Rules of Professional Conduct governing lawyers.
• Indiana's COMPLETE Rules Governing Professional Conduct of Lawyers   
  Description: Indiana's Rules of Professional Conduct of Lawyers
• Kentucky Bar Association Gets C+ for Lawyer Discipline. [PDF]   
  Description: The Kentucky Bar Association is charged with investigating complaints against lawyers in Kentucky. A non-profit organization in Washington D.C. reviews the material submitted to the American Bar Association by each state's bar disciplinary committee. Based on Kentucky's submission HALT gives a grade of C+ to our disciplinary practice.
• Legal Malpractice by an Infamous Kentucky Attorney   
  Description: Kentucky attorney retires becuase of sanctions from 6th circuit court of appeals. O.J. Simpson's former lawyer sued for legal malpractice.

Frequent Questions for Ketucky Legal Malpractice Attorney:

• If my last lawyer lost my case, settled for less than I wanted, or was the reason I lost money, can I sue him or her?
• How long do I have to file a legal malpractice case?
• Are all lawyers required to carry legal malpractice insurance?
• I'm having problems with my attorney.  He won't return my phone calls, and he won't respond to my letters.  I'm very concerned about my case and not sure what, if anything, my attorney is doing on my case.  What can I do about the problems I'm having with my attorney?

Web Resources for Ketucky Legal Malpractice Attorney:

• California Business Brokers

  Description: California Business Brokers – Quantum Business Solutions Network (QBSNet).

• Johnston & Tobey, Dallas Texas Legal Malpractice Firm

  Description: Johnston & Tobey is a highly regarded firm in Dallas, Texas that concentrates in legal, accounting, and other types of professional malpractice.

• Andrew Lavoot Bluestone - New York Legal Malpractice Attorney

  Description: The law firm of Andrew Lavoott Bluestone represents litigants in Attorney Malpractice, Professional Malpractice and Civil Litigation.
  Established in 1989, this office has represented clients in the 12 downstate counties.
  
  Appearing in all Courts in New York.
  
  This office handles attorney malpractice cases. Please browse our website and call with your questions.

• Andrew Lavoot Bluestone's Legal Malpractice Blog
• Kentucky Legal Ethics
• California Divorce Lawyer

  Description: Mr. Huguenor's law firm is located in San Diego California and provides a full range of family law.