Legal Malpractice in Tennessee: When a Lawyer Fails You

While we do not have the details of your original personal injury case, if you think you have been wronged, you should definitely consider suing for Tennessee legal malpractice. There a several questions you should answer as you make your decision:

• Did your lawyer miss court deadlines, causing your case to suffer?
• Were any statute of limitations deadlines missed for any elements of your case?
• Did your lawyer keep you well informed about your case? Were your phone calls or emails answered promptly?
• Were you informed about any and all settlement offers?
• Do you suspect that your attorney lied to you at any time while working for you?
• Were there any conflicts of interest during the course of your case? If so, did your lawyer deal effectively with them?
• Did your lawyer meet the standards of “due diligence” and fully research your case?
• Was your lawyer an expert in the laws that affected your case? Were these laws explained to you?
• Do you suspect, or have knowledge of, misuse of your money?
• Did your lawyer withdraw from your case improperly?
• If you have answered “yes” to one or more of these questions, you may have a very good reason for filing a Tennessee personal injury lawsuit.

To find out, you will need to find a lawyer you can trust to look into your case. Our Memphis legal malpractice attorneys at Greer Injury Lawyers are known for our ethical behavior throughout each step of each case we agree to represent.

In addition, we have a thorough knowledge of and experience in legal malpractice cases to fully represent your best interests. Call us today toll-free at 888-470-9143 for a free case evaluation.

While you do not mention exactly what you feel your lawyer did wrong, we can assure you that the law protects you whenever you hire an attorney. It is perfectly natural to be nervous about consulting another lawyer after your experience, but you really must do this to be sure your legal rights are upheld.

In order to prove that legal malpractice occurred, you must prove that your former attorney:

Was in an attorney-client relationship with you
Was negligent in some way
Caused you damages because of the way the case was handled
Did not act in a reasonable manner in handling your case

Here are some suggestions to help as you move forward:

Don’t wait to find a legal malpractice lawyer to represent you. You want to be sure not to exceed any time limitations and, because legal malpractice can be tricky to prove, you will want plenty of time to build your case.

Research the reputations of prospective legal malpractice lawyers, both through local sources and legal organizations that rate lawyers. The second is easy to do through online sources.

Gather all contracts, agreements, and other paperwork you have regarding your case. Your new lawyer will need all the facts. But, keep in mind that he or she can assist in getting any documents you do not have.

As Middle Tennessee legal malpractice lawyers we believe that you should at least get an opinion on your complaint. Call Greer Injury Lawyers in Memphis toll-free at 888-470-9143 today or fill out the confidential form on this page to get your questions answered.

Yes. Tennessee and federal laws recognize that your attorney is best able to help you if he knows all the details of your case. In order to encourage clients to honest and protect their interests, an attorney has a duty of confidentiality to a client. Your attorney may not disclose any thing that you tell him to a third party without your permission. In fact, your attorney can’t even tell another person that he’s representing you if he doesn’t have your consent. This duty of confidentiality applies even if you did not request confidentiality.

There are exceptions to an attorney’s duty of confidentiality. An attorney can share what you’ve told him without your consent if, and only if, not telling will lead to bodily harm or death of another person. In this case, the duty to prevent harm overrides confidentiality.

There are also some cases where a lawyer can be forced to disclose your information. If your attorney is sued, he may have to provide certain details of your case. However, he will usually file paperwork to make sure those details are only shared with the judge and other attorneys. He cannot provide unrelated information, and he cannot divulge information solely for the purpose of causing you harm.

You are even protected when your case is over. The duty of confidentiality lasts for the lawyer’s lifetime.

If your attorney has caused damage to your reputation or well-being by sharing confidential information without your consent, you may have a Memphis legal malpractice claim. To learn more, contact the Middle Tennessee legal malpractice attorneys at Greer Injury Lawyers at 888-470-9143.

In Tennessee, there is a one year statute of limitations to bring a legal malpractice claim. That means that, after the legal malpractice occurred, you only have one year to bring your claim, or it will be forever time-barred.

No. Damages are an essential requirement of any legal malpractice action. Therefore, even if your attorney lied to you, did not communicate with you, or otherwise did not act in a manner you consider to be ethical and above board, if you won your case, you have no monetary damages and no legal malpractice case.

You are not completely without recourse, however, even if you do not have a legal malpractice case. If you would like more information on understanding your rights following legal malpractice, follow this link to our Articles Library and click on Legal and Professional Malpractice: Tennessee Legal Malpractice: Damages are Required or call us today for a free case consultation.

No, the standard of care for a legal malpractice action in Tennessee is a single, statewide standard. As such, you must show through expert testimony that the attorney failed to exercise the ordinary care, skill, expertise, and diligence commonly exercised and possessed by attorneys throughout the state of Tennessee.

Because of the state-wide standard, you will be able to find an attorney to testify in your case outside of the small legal community in your town where small town friendships could negatively impact your potential case and prevent someone from testifying against a friend or colleague.

If you would like more information on understanding your rights following legal malpractice, follow this link to our Articles Library and click on Legal Malpractice Cases in Tennessee use a Statewide Standard of Care or call us today for a free case consultation.

The short answer is Yes. However, to allege criminal legal malpractice, the Supreme Court in Tennessee has held that post-conviction relief is required. Accordingly, you must show that you have been exonerated in order to maintain a legal malpractice action against your defense attorney.

If you would like more information on understanding your rights following criminal legal malpractice, follow this link to our Articles Library and click on Post-Conviction Relief is Required to Maintain a Criminal Legal Malpractice Action or call us today for a free case consultation.

Yes, you can sue your attorney for legal malpractice even if he is appealing your case.In fact, it is imperative that you consult with a legal malpractice attorney before the appeal is decided if you have reason to believe your attorney committed a mistake or error.Otherwise, the statute of limitations may run on your legal malpractice claim.The statute of limitations begins to run when you have sufficient facts to put you on notice of a potential claim, not after an appellate decision is rendered.

If you would like more information on understanding your rights following legal malpractice, follow this link to our Articles Library and click on Clients Present in Court When an Adverse Ruling is Rendered based on Attorney Error or Misconduct are Put on Notice of a Potential Legal Malpractice Claim , view our blog, or call us today for a free case consultation.

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 901-352-5233 for a free and completely confidential initial consultation.

When you select an attorney to handle your Tennessee case, you assume this attorney, with whom you have put much faith and trust, will handle your action in a diligent, knowledgeable manner. Finding out later that your attorney in fact missed deadlines, failed to file necessary paperwork, or provided you with wholly inaccurate information, can be devastating. If your attorney’s negligence harmed your case, causing you injury, you may have the right to recover through the filing of a legal malpractice claim.

Legal malpractice claims are complex and multi-faceted, and clients are often left confused as to how to best proceed. The following is a brief overview of legal malpractice in Tennessee. It is designed to provide you with some basic information, which you can then follow up with by consulting a knowledgeable legal malpractice attorney.

What Is Legal Malpractice?

Legal malpractice is the term for negligence by an attorney that causes harm to a client. Legal malpractice can also encompass a breach of contract or breach of fiduciary duty by the attorney, again resulting in harm to the client.

What Must I Prove to Succeed in My Legal Malpractice Claim?

In order to successfully sue your former attorney for malpractice, you must prove the following four elements:

You had an attorney-client relationship with the attorney in question. An attorney-client relationship is generally formed when you engage the services of an attorney and they provide you with legal advice. The existence of a contact or paid for services can help establish a relationship, but are not required.
The attorney acted negligently in handling your case. This is a legal standard and allegations of negligence will vary depending upon the facts of your case. It is always best to consult with outside counsel to receive an expert opinion on whether your former counsel acted negligently.
The attorney’s negligent handling of your case caused your injuries. This is the causation component. It is not enough that your attorney’s actions were negligent—they must have caused you injury in order to recover.
Had your attorney properly handled your case, you would have been successful. If your claim would have failed regardless due to a fatal flaw, you are not entitled to recovery. However, if you can prove you had a legitimate, winning claim, your attorney can be held
liable for their part in destroying that case.

When Must I File a Legal Malpractice Action?

You have one year from the date by which you knew or should have known that you sustained an injury due to the attorney’s wrongful conduct in which to file suit. This statute of limitations is set out in Tennessee Code Ann. § 28-3-104(a)(2). It is important to note that the statute may not always begin to run when the action is dismissed; under certain circumstances, it can toll even sooner. It is therefore very important to act diligently in pursuing your claim and seek the assistance of another attorney as soon as you believe you have been injured due to your former counsel’s actions.

Do I Need To Hire Another Attorney to Bring My Malpractice Suit?

Some plaintiffs may feel like they were just wronged by one attorney, why bring in another attorney to file their legal malpractice claim? The reality is that legal malpractice claims are far from simple. They involve complex legal definitions of attorney negligence, have strict and often confusing statutes of limitations, and generally require the introduction of expert witnesses. It is always best to consult with another Tennessee attorney, whom you thoroughly research and trust, as soon as you suspect you have become a victim of legal malpractice.

How Can Greer Injury Lawyers Help Me?

The skilled attorneys at Greer Injury Lawyers can walk you through the filing of your legal malpractice claim each step of the way. Our firm has represented individuals throughout Tennessee and neighboring Mississippi as well, in a multitude of legal malpractice actions. We understand how difficult it is to trust another attorney when one has wronged you. We promise to always strive to achieve the best results for our clients through our knowledge and dedication. You can reach us (888) 470-9143 or locally at (901) 352-5233, and our first consultation is always free.

There are very few times in a person’s life when he needs to enlist the help of an attorney, but usually it is a stressful time where he is trusting in his lawyer to do the best job possible for him. When that attorney fails to act in with the requisite skill, care, and diligence that another attorney with the same skills and knowledge would reasonably have acted then he may have committed legal malpractice if his actions lead to harm to the client.

Is it obvious that my attorney may have committed malpractice?

If you have suspicions about how your attorney managed your case then the best thing to do is to consult an experienced legal malpractice attorney who can analyze your case with you and determine if mistakes were made.

What is the basis of an attorney/client relationship?

The heart of a legal malpractice claim is the relationship that exists between you and your attorney. When you seek advice from an attorney on behalf of yourself or a business and the attorney provides a legal opinion pursuant to a written agreement or implicit contractual relationship, then the attorney has a legally binding obligation to act in accordance with the standard of care. An implicit contractual relationship may be found based on the actions of both the attorney and the client. There are some attorneys who will defend against a legal malpractice action by disputing the relationship with the client.

Can I recover damages if I cannot prove that I had a contractual relationship with my attorney?

You probably would not be able to recover damages in this case. In a legal malpractice action, the first element that must be demonstrated is that there was an attorney/client relationship. There are limited instances when a non-client can bring an action against an attorney based on advice on which the person relied or harm that a person suffered because of false information provided by the attorney.

What standard must the attorney satisfy?

When an attorney represents a client, he must exercise the skill, care, and diligence that a reasonable attorney with similar experience and knowledge would exercise under similar circumstances. It is necessary to consider the different actions that the attorney could have taken and how much time the attorney had to make the decision and carry out the appropriate tasks. The attorney is not held to a standard where he must act with extraordinary skill, care, and diligence, but merely must meet the minimum requirement. It is not necessarily a breach if the attorney does not choose to pursue what an objective analyst would determine to be the best possible option.

Is there a difference between a bad decision and malpractice?

Yes. An attorney acting in good faith with the best interest of the client as the motivator who nonetheless makes the wrong decision will not be found liable of legal malpractice if he acted in accordance with the standard of care.

There are many other questions that a client questioning whether his attorney committed legal malpractice may have. The best thing to do is sit down with the knowledgeable and dedicated malpractice attorneys at Greer Injury Lawyers, PLLC to discuss your case and determine how to move forward. There is no harm in talking with us, even if you ultimately decide not to pursue a malpractice case. To schedule a free and confidential meeting, please call us at 888-470-9143. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

By retaining an attorney, you are placing your trust in the hands of a professional who is supposed to fight to protect your rights and interests while getting the best results possible. When you discover that your attorney did something wrong that may have harmed you in the long-run, it is tough to know what to do and how to respond. It is important to realize that you do have options. Although bringing a legal malpractice case is complicated, it is possible to hold an attorney responsible for a breach of contract, breach of fiduciary duty, or negligence. There are some questions to ask to determine if a legal malpractice action is possible, including:

How can I tell if my attorney committed legal malpractice?

In order to be liable for legal malpractice, a lawyer must have acted, or failed to act, in a negligent manner and that action must have negatively impacted the case and its resolution. This can be as extreme as losing a case that you would have won but for the actions of your attorney. It also could be malpractice if your attorney accepted a settlement offer that you did not authorize if your case would have been worth more money if pursued further. A demonstration of legal malpractice requires proving the underlying case would have had another outcome with a different attorney.

What if my attorney did not file necessary pleadings or documents in a timely manner?

During the initial case, there are time limits for when specific papers must be filed with the court as well as strict limitations on the time in which an action must be filed. If your attorney had ample time to bring the underlying action or file required documents and failed to do so, then you could have a case for legal malpractice.

How long do I have to bring an action against my attorney?

There are time limits for everything. In Tennessee, a legal malpractice action must be filed from the date on which the attorney committed the negligent act or within one year from the time that the client discovers the wrongful act.

If I suspect that my attorney committed malpractice, what should I do?

The first step is to speak with your attorney. Although this may be difficult considering there will be negative emotions surrounding what your lawyer may have done, it is important to get your lawyer’s rationale for why he did what he did. It may be that the attorney acted reasonably based on facts that you may not have considered. However, if there was a mistake that was made, you will be armed with your lawyer’s justification, or lack thereof, which could help with a legal malpractice action.

Further, you should take any steps necessary to limit the harm that you have suffered, otherwise known as mitigating damages. Then you should contact experienced legal malpractice attorneys to help you determine the best possible legal strategy for you and your family.

Can I get my file from the attorney who handled my case?

As the client, you are entitled to your file. The attorney does have the right to make a copy of your file to retain for his records.

When your legal case has taken a very different turn than the one you expected, it is hard to know whether your original attorney made a mistake. The skilled Tennessee legal malpractice attorneys at Greer Injury Lawyers, PLLC have the knowledge and experience necessary to evaluate your case and answer all of your questions. We will sit down with you to determine the best way to proceed. We believe that attorneys have an obligation to make certain that they perform to the highest standards for their clients and must be held accountable when they fail in this duty. Please call us at 1 (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

There are many ways in which a lawyer can commit malpractice, and some of them are more common than others. There are four main categories of mistakes that lawyers make which lead to the majority of legal malpractice claims that are filed in the United States. If you have a feeling that your attorney made a mistake in your case but you are not sure exactly where they went wrong, it is a good idea to learn about the types of actions which constitute legal malpractice so that you can see whether any of them fit the circumstances of your case.

Substantive errors account for about half of all legal malpractice claims in the United States. Some common substantive errors include failing to know the law, failing to apply the law to the facts of the case, and failure to know about deadlines and statutes of limitations. It is easy to see where mistakes of this nature can cause harm to clients. For example, if a case is not filed within the statute of limitations, then it cannot be filed at all and the client has missed their chance to address the matter.

Administrative errors are another common type of legal malpractice claim. Failing to file documents with the court is a leading cause of clerical error malpractice claims. Other types of clerical errors which can result in malpractice claims include work that was delegated to support staff or a junior attorney and not reviewed thoroughly before it was used, missed deadlines and other calendaring mistakes. The practice of law is a detail-oriented business. Lawyers and their support staff must organize their offices, their files, and their time effectively so that they can fulfill the promises of effective representation that they have made to their clients.

Errors in communicating with clients can turn into legal malpractice claims. The lawyer-client relationship is at the heart of every legal matter. When an attorney advises a client, they may describe various options that are available to the client, or they may suggest that a particular course of action is the most likely to produce the outcome that the client wants. Lawyers must be thorough when advising their clients, and take care to explain the likely consequences of each potential course of action. Also, the lawyer should follow the client’s instructions when it comes to what course of action to take, unless the client wants the lawyer to do something which is illegal or goes against the rules of professional conduct by which the lawyer is bound. One example of a client communication error that could result in a legal malpractice claim is if a lawyer accepts a settlement offer without first notifying the client of the offer and obtaining the client’s consent to accept it.

A fourth category of actions which result in legal malpractice claims is intentional wrongdoing. Fortunately, malpractice claims based upon things like fraud, libel, and slander are relatively uncommon. These types of claims account for just over ten percent of all legal malpractice claims, but when they do occur, they make for shocking news stories which shake the public’s faith in lawyers and the legal system. In that respect, they are damaging not only to the victims of the wrongdoing, but to the profession as a whole.

The skillful and dedicated legal malpractice attorneys at Greer Injury Lawyers, PLLC know how to pursue justice for those who have been the victims of legal malpractice. We will take the time to evaluate your case, and we will provide honest answers to all of your questions. Call our office today, at (888) 470-9143 to arrange for a consultation with one of our seasoned Tennessee legal malpractice attorneys. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

If you are contemplating firing your attorney and obtaining new counsel, it is important that you think your decision through thoroughly before taking action. While it is sometimes true that securing a different attorney will help your case, it actually may not be necessary. When you are upset with how your attorney is handling your case, try telling them about your concerns so that they can address them. If they do not work with you to remedy your concerns, it is most likely time to replace them with another attorney.

When you have one or more concerns regarding the work that your attorney is doing for you, a good way to get the conversation started is by sending them a polite letter which describes how you feel. You might say that you were accustomed to prompt replies to your phone calls and emails and you are wondering why communications are at a standstill. Perhaps you feel that you have been overcharged for the services that your attorney has provided. Say that you have a question about your bill, and request a detailed description of what you have been charged. Whatever it is that you are concerned about, spell it out for your attorney and ask them to contact you promptly so that the two of you can make a plan to resolve the issue.

If your letter does not generate a reply from your attorney, or if the reply that you do get is rude, unhelpful, or otherwise unsatisfactory, it likely time to find a new attorney. Fortunately, firing an attorney does not have to be messy or awkward. You can fire an attorney by finding alternate counsel and by having your new attorney contact your now former attorney to obtain your case file. If you would like to contact your attorney yourself to fire them, a letter describing your reasons for letting them go is a good way to bring the relationship to a close.

There are a few things to keep in mind when you fire an attorney. One thing to remember is that you may be responsible for paying for any services that the attorney performed on your behalf before you let them go. Of course, if services were performed incorrectly, or if you have incurred damages due to a failure to perform services, you may not have to pay some or all of your former lawyer’s bills. Seek advice from a legal malpractice attorney if you have a question about whether or not you should pay any bills that you receive from your former attorney. Another thing to think about is whether and how you wish to address your attorney’s actions. In some cases, getting a new attorney will get your case back on track with no need to pursue action against your former attorney. Sometimes, though, a complaint to the bar association or even a legal malpractice lawsuit may be both appropriate under the circumstances and necessary to remedy any damages that you have sustained. Again, a legal malpractice attorney can advise you about whether you could pursue disciplinary action or a malpractice claim against your former attorney.

If you have fired an attorney, it is a good idea to review your experience with a legal malpractice attorney. The experienced Tennessee legal malpractice attorneys at Greer Injury Lawyers, PLLC will sit down with you to learn about your case, explain your options, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

When you first met with your attorney to discuss your case, you were probably asked to read and sign a fee agreement. Fee agreements describe the costs that are associated with legal representation, and most attorneys require their clients to sign them before they provide any legal services on their behalf. As you read through the fee agreement, you may have thought that you understood it. It is also possible that there were a few things in there that you did not really understand. If that was the case, you may have signed the agreement without asking any questions, just to get your case underway.

If you thought that having a signed fee agreement would help you understand what you would pay for legal services, you might be surprised when you receive a bill from your attorney (that does not seem to align with what you thought that you read in the fee agreement). When this happens, you may wonder what you should do. Should you just pay the bill so that the attorney will continue working on your case? Should you ask the attorney for an explanation of some or all of the charges that you do not understand? If the bill seems clear, but you believe that there is an error, should you just come right out and tell them so? Talking about money can be uncomfortable, even in our most intimate relationships. It is no surprise that clients are often reluctant to ask their attorneys to help them understand their legal bills.

If you do not understand your lawyer’s bill or you think that there has been a mistake, you should bring it to your lawyer’s attention. Lawyers are just like everyone else, and they sometimes make mistakes. Do not be afraid to ask for an itemized bill and a copy of your file, so that you can examine the issue thoroughly. If a mistake has been made, a good lawyer will acknowledge it and will recalculate your bill so that it is accurate. If the bill is correct but you do not understand the charges even after rereading your fee agreement, a good lawyer will take the time to help you understand them. Of course, fee-related questions are not always addressed by attorneys in ways that are satisfactory to their clients. Sometimes, an attorney and their client are unable to agree about how to resolve a dispute over legal fees.

Fortunately, you have some options when it comes to dealing with disputes over legal fees. In Tennessee, many local bar associations have Fee Dispute Committees which handle complaints from clients regarding allegedly excessive fees. Fee Dispute Committees are often successful in helping attorneys and their clients resolve fee disputes. If such a Committee is available in your area, this may be a good way to work through the dispute efficiently. Another option for addressing a fee dispute with your attorney is through court action, just as you would handle a dispute over the value of services with a contractor or other professional.

If you feel as though you have been overcharged for legal services, the seasoned Tennessee legal malpractice attorneys at Greer Injury Lawyers, PLLC are here to help you. We will answer all of your questions, explain your options, and help you decide how to proceed. To learn more, call us at (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

If you have been less than impressed by the work that your attorney has done on your behalf, you are not alone. Quite a few clients express some form of dissatisfaction at the way that their case was handled. However, only a handful of these dissatisfied clients have actually experienced legal malpractice. Since there are a few types of legal malpractice, it may be helpful to distinguish situations in which malpractice has occurred from situations in which the client is dissatisfied but no malpractice has occurred.

When an attorney makes a mistake, it is upsetting for their client. However, attorneys do make mistakes, just like anyone else. While the mistake that your attorney made with your case is certainly upsetting, it is essential that you think about whether the mistake has caused you any harm before you file a complaint against them. For example, if your attorney does not file a specific form by the proper deadline, your case may be dismissed or a default judgment may be entered against you. Those are situations in which there has been harm, so it is possible that malpractice has occurred. However, if the mistake is something which can be fixed without putting you at a disadvantage, there are no damages and therefore no malpractice.

If some time has passed and you have not received any communication from your attorney about how your case is progressing, you may feel concerned, and rightfully so. After all, you have placed an important legal matter in their hands, trusting that they will do what needs to be done in order to pursue the result that you wish to accomplish. However, it is not necessarily true that your legal file is languishing at the bottom of a file drawer just because you have not heard from your lawyer for a while. Each legal matter has different tasks associated with it, and in some cases, there may be periods of time where your case is in a sort of holding pattern between the various stages that it will go through on its way to resolution. The best way to address the situation is to contact your attorney, and let them know that you would like an update on your case. A good attorney will make time to contact you, even if it is just to say that your case is waiting on something before it can proceed to the next step in the process. If your attempts at communication go unanswered, request a meeting with them. If they will not meet with you, it may be time to speak with the Tennessee Board of Professional Responsibility about filing a complaint against your attorney.

Sometimes, lawyers have to be the bearers of bad news. In some cases, this entails speaking with their clients about why they cannot do exactly what the client wants them to do. In other cases, a lawyer and her client may have different thoughts about the overall strategy for the case. Again, reasonable minds can differ about how a particular case ought to be handled without malpractice occurring. Your lawyer is a skilled professional who knows how to get their clients what they want. It is possible that the end result may be what you had hoped, even though the path to it is not the one you would have chosen yourself. Remember that the key factor in determining whether malpractice has occurred is whether the client has been prejudiced or damaged by the defendant’s actions.

If you think that you might be a victim of legal malpractice, the seasoned Memphis Legal Malpractice Attorneys at Greer Injury Lawyers, PLLC are here to help you. To learn more, call (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

One of the client concerns which commonly gives rise to actions for legal malpractice is the conflict of interest. While a conflict of interest may be defined as a loyalty to one party which is likely to have a negative impact on the manner in which a lawyer will advise another party, this short definition of the term may not be sufficient to convey an understanding of how legal malpractice actions based upon an alleged conflict of interest arise.

Conflict of interest cases involve the very deeply held values of trust and loyalty. Trust is at the heart of the attorney client relationship, and clients must be able to trust that their attorney will use his or her independent judgment in representing them. They must also be able to trust that their attorney is loyal to them in his or her advice and actions. When plaintiffs allege legal malpractice based upon a conflict of interest, the rationale behind the allegations is usually that the attorney acted on the plaintiff’s behalf or advised the plaintiff with someone else’s best interest in mind, and as a result, the plaintiff lost their case.

The Rules of Professional Conduct do not prohibit attorneys from representing clients whose interests may be in conflict with each other. They are, however, required to handle the issue of potential and actual conflicts of interest responsibly. Handling conflicts responsibly involves a number of things, including screening for potential conflicts during the client intake process, disclosing potential conflicts of interest, and, in situations where clients decide to go forward with representation by the attorney despite the existence of a conflict, the proper acquisition of informed consent.

Some legal malpractice actions are based upon situations where attorneys take on representation of clients that they should have declined due to a conflict of interest which cannot be waived as per the Rules of Professional Conduct. Attorneys must know the ethical rules in their jurisdiction regarding which types of conflicts may be waived and which may not. If a conflict may be waived and the clients choose to waive it, informed consent must be properly given in writing. A failure to do so may give rise to a malpractice action later on, if the party who supposedly waived the conflict is dissatisfied with the lawyer’s representation for any reason. In fact, failure to obtain proper informed consent is the most common type of legal malpractice action involving conflicts of interest.

Attorneys are also required to use care in defining the lawyer-client relationship, and in managing their contact with potential clients so as not to create conflicts of interest. If an attorney meets with a potential client and decides that they cannot undertake the representation for any reason, including potential conflicts of interest, they must inform the potential client of the declination in a non-engagement letter. Non-engagement letters inform the potential client that they do not have an attorney-client relationship with the attorney who sent them the letter. They also serve the purpose of suggesting that the non-engaged client should seek alternate counsel right away in order to preserve their rights.

If you think that you might be a victim of legal malpractice, whether your claim is based upon a conflict of interest or not, the experienced Memphis Legal Malpractice Attorneys at Greer Injury Lawyers, PLLC are here to help you. To learn more, call (888) 470-9143 to schedule a time to discuss your case. At Greer Injury Lawyers, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.