If you believe you have been harmed by your lawyer mishandling your case, you could be entitled to monetary compensation for your harm.
Perhaps your lawyer missed a deadline? Perhaps your lawyer did not adequately represent your interests? Perhaps your lawyer forced you to enter into a settlement?
When an attorney mishandles a client’s case resulting in harm to that client, the law calls it legal malpractice. All lawyers in Ohio are required to have legal malpractice insurance. If they do not have legal malpractice insurance, they are required to provide you written notice and obtain your written consent to proceed with the case.
Like car insurance, legal malpractice insurance provides a guaranteed monetary payout in the event of something happening. This provides you an ability to obtain compensation for your harm.
In Ohio you ONLY have one year to file a legal malpractice case against a lawyer you believed harmed you by his or her actions or inactions. This one year time limit is called a statute of limitations. After one year has passed, you can no longer file a legal malpractice lawsuit.
Determining when the one year time limit starts is a matter for debate. The statute of limitations law in Ohio states that the one year time limit starts when one of the following happens, whichever occurs later
- The attorney client representations ends, or
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The client experiences harm from the lawyers actions or inactions.
This field of law is more complex then this summery makes it appear. Therefore it is crucial you contact an attorney who has experience in legal malpractice cases.
You have the legal right to consult another lawyer if you believe your current lawyer is guilty of legal malpractice. You need not inform your current lawyer or fire your current lawyer. In fact, as the above statute makes clear, terminating your attorneys employ might negatively impact your ability to obtain damages.
I have experience in pursuing malpractice cases in Ohio on behalf of people who have been harmed by their lawyer’s negligence. E-mail or call for a free consultation.