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Archive for the ‘Legal Malpractice’ Category

Protecting Yourself From Legal Malpractice

Wednesday, August 4th, 2010

If we have had the misfortune of meeting the wrong lawyer, most of do not attempt to take action against the lawyer because we feel that the lawyer is above the reach of law. However, that is a misconception. Lawyers can be held accountable for legal malpractices. The United States and many countries across the globe have introduced laws that hold legal professionals accountable for their actions. This means that the lawyer has to behave in a professional, responsible and ethical manner. For some reason if you come to realize that the lawyer you hired is not trustworthy or ethical, you have every right to protect yourself from legal malpractice.

You can sue a lawyer for legal malpractice. Legal malpractice is when your lawyer misrepresents you, is negligent, overbills you for services rendered, and breaches his fiduciary duties or his agreement with you. In order to sue a lawyer for legal malpractice, you would have to act very quickly. The best way to go about it is to approach the State Bar Association. The Bar will be able to give you an idea about the statute of limitation and will be able to refer a lawyer who can take up the legal malpractice case on your behalf.

Before you rush to sue your lawyer, do remember that suing him will be an extremely expensive affair. It would be in your best interests to resolve the dispute with the lawyer before the case reaches the court. It is an unfortunate situation when one has to sue a lawyer for legal malpractice. Lawyers are meant to be guardians of law and are there to protect a common man’s rights. However, there have been instances when lawyers have conveniently forgotten this and resorted to unethical ways and misrepresentation of their clients.

Legal Malpractice Insurance

Friday, June 18th, 2010

With the customer’s exposure and awareness towards legal malpractice, many legal professional have to face lawsuits frequently. If we look at the statistics, every four to five law professional out of hundred have to face a lawsuit in a year. For law firms, which typically employ more than 20 lawyers, are likely to face at least one lawsuit every year. Well, the figure is pretty impressive to make one realize that one must have a Legal Malpractice Insurance for good risk coverage in this profession. Let us have a quick look at the various aspects of it.

When a legal practitioner defends himself against a lawsuit, he not only loses money but also valuable time. The average figure may vary from 250 to 300 hours per case that can be billed. This insurance protects a lawyer for each lawsuit he has to face. The difference between a regular insurance and this insurance is that a regular insurance gives coverage in case a certain event like hospitalization or accident occurs while this insurance covers a lawyer only for a lawsuit against him within a policy period. So, that means this insurance company may overlook the case history except for policy duration.

The cost of a policy is directly influenced by the degree of risk involved in your profession. For example, if you are into banking or real estate, the cost may be quite higher than a regular cost of a policy. But, in my view, you should focus more on the fact that how policy covers your areas of operations. There are many insurance players available in the market that offers such insurance. Ideally, there are two ways to approach these companies. First, you can find a broker; second, every company has its Managing General Agent (MGA). You can search for an MGA online as well.