Legal Malpractice: What You Must Prove

February 6th, 2017

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If you believe you were not represented properly by an attorney, a Kansas legal malpractice attorney can help determine if you may have a claim. As you can imagine, pursuing a claim against an attorney can be an uphill battle. Attorneys that may be practicing below a reasonable level of care do not want their inattention or poor skills brought to light. In addition, they do not want anything that may tarnish their reputation in the eyes of potential clients. That’s why having competent, aggressive counsel on your side is critical.

Legal malpractice attorneys have to prove that your attorney was professionally negligent. Often, this is done by hiring an expert in the field to examine the case for issues of negligence. Just as there are certain facts you must prove in a personal injury case, there are facts you must prove in a legal malpractice case. You must be able to prove that the actions of the attorney failed to meet a reasonable standard. For example, if your attorney did not ensure papers were filed with the court in time or did not have papers served within the required time period and your case was thrown out, that may be malpractice. But such a finding, alone, is not enough to make a claim. You must also prove damages as a result of their malpractice. If your case was worthless, then you do not have a claim. Your case, separate and apart from the malpractice case, must have value.

Proving an ethical violation is a separate consideration altogether. You may be able to determine your attorney violated the code of ethics even if you won your case. This might happen, for example, if your attorney didn’t provide you with the proper compensation received as part of your trial.

Legal malpractice claims are notoriously difficult to pursue, and time is of the essence. If you believe that your attorney might have committed malpractice or even breached ethical standards, contact our Kansas legal malpractice attorney today for a consultation.

Categories: Legal News

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Legal Malpractice: What You Must Prove

February 6th, 2017

$170,000 Jury Verdict in Negligent Misrepresenation Case

On April 24, 2018, attorney Patrick Hamilton obtained a $170,000 jury verdict in the United States District Court for the District of Kansas in a negligent misrepresentation case. Hamilton Law Firm’s client purchased a house in Kansas City, Missouri. Defendant Kathryn Sylvia was the seller’s real estate agent and an employee of defendant Platinum Realty. The sale was a “cash sale” in which payment was to be wired. The plaintiff received wiring instructions via email from Sylvia’s email account. Plaintiff forwarded the wiring instructions to his bank, which wired his money in accordance with the instructions. In actuality, the wiring instructions were prepared by a criminal hacker which caused plaintiff’s funds to be misdirected to Citi Bank in New York City. When the loss was discovered, plaintiff sued Sylvia and Platinum for negligent misrepresentation. The defendants claimed they did not email the wiring instructions to plaintiff and that plaintiff was comparatively negligent by not reviewing the wiring instructions before sending them to his bank. After a two day jury trial, the jury assigned defendants 85% of the fault and attributed 15% of the fault to plaintiff. Total damages were $196,622.67 with a net recovery to plaintiff of $167,129.27. Bain v. Platinum Realty LLC et al., Case No. 16-CV-02326-JWL. Read More

$280,000 Jury Verdict in Legal Malpractice Case (January 18, 2017)

On January 18, 2017, Hamilton Law Firm LLC obtained a $280,000.00 jury verdict in a legal malpractice lawsuit for Power Control Devices, Inc., an Olathe company specializing in the manufacture of electronic devices. The underlying litigation involved a breach of contract lawsuit against Orchid Engineering, Technologies and Consulting in the Boston, Massachusetts area. After PCD’s case had been pending for almost two years, Orchid filed a motion for summary judgment contending the lawsuit was not filed before the statutes of limitation expired. The United States District Court for the District of Massachusetts agreed, dismissing Power Control’s claims as untimely. Hamilton Law firm sued Power Control’s attorney in the underlying litigation, Michael “Mick” Lerner, for legal malpractice. After a seven day jury trial in Johnson County Kansas District Court, the jury returned a verdict in favor of Power Control. PCD Verdict Form 2617 Read More

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