Legal Question in Civil Rights Law in Oregon

business civil law

Our attorney admittedly dropped the ball,He failed to file a document on our behalf in the given time frame. now that its to late, are we totally screwed,? can we fire him and begin anew,? can we expect our retainer back? Should ther be repercussions for his failure?


Asked on 11/30/08, 9:55 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: business civil law

You're describing a potential case of legal malpractice. To the extent you've been damaged financially by the lawyer's failure to file a document within a given time frame, you may have a claim for monetary damages. If the damage is fixable, you're at least entitled to what it would cost to fix the problem, and possibly more.

In Oregon, every lawyer is required to carry legal malpractice insurance, with minimum coverage of up to $300,000. We are self-insured through a branch of the Oregon State Bar, although the insurer will then be your adversary, just like an opposing insurer in a car accident case. As such, you should probably consult a lawyer on this in person. Most lawyers who handle these kinds of cases do so on a contingency basis, where the lawyer's fee is a percentage of whatever is recovered for you.

What was the nature of the document that your lawyer failed to file, and what were the consequences?

Good luck, and please don't wait to obtain further legal advice, since there are time limits on most legal matters, as you know all too well.

-- Sam

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Answered on 12/01/08, 1:10 am


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