Legal Question in Legal Malpractice in Ohio

Is it common practice for an attorney to refer a client to open a P.A.C.E.R. account, ( the courts electronic filing data base) so as a client can see what has been filed in a particular case, then refusing to explain to that client what the legal jargon implies? Also is it common practice for attorneys who represent 2 people involved in a same lawsuit to focus solely on only one plaintiff and then firing the other plaintiff and refusing to inform a plaintiff of a settlement hearing, ( firing a client while a settlement hearing is taking place) . Also under the clause of breach of fiduciary duty, can a former client sue for violations of the rules of professional conduct and responsibility, in addition to negligent infliction of emotional distress? Also, is it proper to bring about a malpractice case in a state court vs a federal court?


Asked on 1/10/12, 8:12 am

1 Answer from Attorneys
Ryan Fisher Lowe Eklund Wakefield Co. LPA

I wouldn't consider any of those acts "common." However, if he did not irreparably damage your lawsuit I also would not consider it malpractice. If you can go get another lawyer without any real harm to your case you would not have sufficient damages for a legal malpractice case. When this case is over however you probably should file a grievance against this lawyerwith your local bar accociation. Feel free to contact me if you wish to discuss this matter in more detail. 216-781-26900.

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Answered on 1/10/12, 8:27 am


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