Memphis attorney Vincent Perryman discusses Legal Malpractice and explains that it is when a Memphis attorney acts negligently in handling a case for a client and the negligence results in some type of damage to the client. It begins when the attorney client relationship begins. It can only be brought upon an attorney when a contract is agreed upon where an attorney will assist the client in a legal matter and the terms of the agreement are broken or not realized by the clients contracted expectation. If an attorney is contracted to handle a bankruptcy the attorney is not responsible for also handling a divorce in Memphis unless they are hired to do so by the client.
Once a Memphis attorney is contracted to handle a clients case they have a duty to act reasonably and handle the clients case within a "Standard of care in the community". This means they must follow the standards of all other ordinary lawyers. These standards vary from area to area. For example, there is a "Statute of Limitations" on filing cases. This varies from case to case and if the attorney says it is OK to file outside of this time frame and the case is considered outside the "Statute of Limitations" they are guilty of legal malpractice.
The client will determine the Memphis attorney has committed legal malpractice in cases where the attorney notifies them they have committed legal malpractice. In some cases attorneys will not notify their clients of this and this is an instance where a case should be filed.
A client of a Memphis attorney knows they have a claim of legal malpractice when there are damages that can be proven against the attorney due to negligence. One example is if the attorney fails to file a case within the "Statute of Limitations" so now the case can not be filed. It has to be proven to a jury the case would have been won if the case was filed within this Statute. There is not enough merit to file a claim if the attorney didn't return a phone call. Lack of returning a phone call would have to result in harming the outcome of the case. Another example is if an attorney fails to adhere to the code of ethics laid out by the Board of Professional Responsibility.
It is always good when contracting an attorney to look them up on the Board of Professional Responsibility website and make sure they are a Bar certified attorney. You can also read any Board complaints and see their resume here.
Recovering damages from an attorney that commits legal malpractice is not always easy because attorneys do not have to carry malpractice insurance in Tennessee. It is good practice to ask the Memphis attorney to show proof of their malpractice insurance.
Some of the most common malpractice cases are failure to file cases, failure to file a response in time issued by a court and the misappropriation of funds. Misappropriation of funds is when a client pays an attorney a retainer and they are suppose to get a portion back and the attorney has used their retainer to fund another clients case.
In Memphis a client can protect themselves from legal malpractice by searching around for a good attorney. Don't just call the first Memphis attorney you see a commercial for and use them. It is good practice to shop around and interview different attorneys. Make sure they handle cases that you are wanting to employee them for. Be specific when employing the attorney as to what the scope of the case is going to involve. Make sure you are clear on how they will be billing you so there is no ambiguity.
After hiring and attorney be sure to stay involved in the case and be responsive to your Memphis attorney's requests. A good case generally has a client heavily involved with the attorney when researching the case.
When you come to the realization the attorney is not working for you the best step is to meet with the attorney and determine why they are not meeting your expectations. It is not illegal to fire an attorney at any point if they are not working out for you. It is a good idea to keep track of emails or letters instead of calling. When you have it in writing it is easier to prove malpractice.
When a legal malpractice claim is filed it can take up to 2 or 3 years to go to court. It can drag on in court for quite some time.
