What Are Some Commonly Asked Questions About Tennessee Legal Malpractice Cases?
Undoubtedly, there are many times when we feel “wronged” after having lost a court case. Sometimes blaming it on the attorney can provide a person with a tangible reason for not having prevailed in their case. However, as attorneys, we can never guarantee results nor can be predict what the judge, jury or the opposing counsel will say.
While our education, experience and skills guide us during the legal process, we can never state with 100% certainty that you will ultimately be successful – despite our best and most aggressive legal efforts. Notwithstanding, there are times when legal malpractice is the main reason for why things went awry in the courtroom and as such, should be examined in greater detail. If you feel that you did not receive the attention and care your case deserved which negatively impacted its outcome, you may wish to consider your legal options through contacting a qualified legal malpractice attorney. However, the first step in the process is to educate yourself before meeting with an attorney so that you are prepared to discuss your case and ask the right questions, such as:
Q: How do I know whether my lawyer committed legal malpractice?
Your lawyer’s action, or inaction, must negatively impact the outcome of your case. In other words, you would have won your case but for the actions or omissions of your lawyer.
Q: What should I do if I think my lawyer has done a poor job?
Speak to your lawyer first before taking any actions against your former attorney. You might be able to sort it out or, your current attorney may advise you that legal malpractice did not play a role in why you did not receive the results you expected in your case. Otherwise stated, there may be a reasonable explanation for your lawyer’s actions. If your lawyer’s explanation does not satisfy you, report the matter to the state bar. At that point, you can also consult an experienced legal malpractice lawyer for further analysis and consideration.
Q: What if my lawyer settled my case without asking my permission?
Sometimes clients provide their lawyer with a dollar range of what they would accept as an appropriate settlement. If your lawyer settled within that range without consulting you, your lawyer was in fact, following your direction. However, if your lawyer settled your case without any permission whatsoever, he or she may have committed malpractice. If you can prove you would have obtained a more favorable settlement amount if your lawyer had not accepted that settlement offer, you may have a credible legal malpractice case.
Q: My lawyer says my case is worth a lot less now than when we first discussed it. Can I sue for the difference?
No. Your lawyer may have misjudged the value of your case, but he or she has likely not committed malpractice. Oftentimes new evidence, a change in testimony, or other factors may change a lawyer’s evaluation of your case’s overall monetary worth. However, there is a chance that your lawyer could have exaggerated the value of the case to influence you to hire them. In that instance, it would be best to obtain second opinion on the matter before ultimately concluding that legal malpractice has occurred in your case.
Q: I am worried about the cost of filing a lawsuit. What should I ask about fees?
Attorney’s fees are generally charged in a few different ways. Some lawyers bill by the hour for a case. Others charge what is known as a contingency fee, which is a fixed percentage collected from the total amount of money you are awarded. In other words, this means the lawyer will likely take about a third of whatever you recover in a settlement or at trial. With either option, you will probably have to pay for the costs of litigation. Be sure to find out when you are expected to pay for these costs beforehand so that you are not in shock when you receive your legal bill. Make sure everything is in writing and ask questions if you do not understand something.
Q: I don’t know whether my lawyer is even working my case. I can’t get a returned phone call. What can I do?
You need to find out what the situation is before concluding that malpractice has occurred. If your lawyer won’t return your calls, first send him or her an email or written letter, asking them to contact you. If said efforts are fruitless, you may wish to visit them in person or consider changing lawyers. It is important to understand that lawyers are busy and cannot always get back to you right away. However, if you have persistently tried to contact them to no avail, you may wish to consider your legal options, especially if this has negatively impacted your case.
If an attorney has failed to properly represent you which has caused you to suffer negative legal repercussions, contact one of our experienced Memphis legal malpractice attorneys to review your case and determine the scope of your legal options. The experience and integrity of the legal team at Greer Injury Lawyers, PLLC is what continues to give our clients the peace of mind that their interests will fully be protected. Call us today toll-free at 888-470-9143 or locally at 901-680-9777 for a free and completely confidential initial consultation.