Legal Question in Legal Malpractice in Oregon
Lawyer fails
I had a lawyer which filed papers for my daughter (a minor) on a real estate deal she was first lean holder my daughter was notified that she might have rights against the estate, he filed the paperwork and filed them with the courts, and we were notified that we were not eligible but we could filed with the court's again which he said we had 30 days so he said to get all alone in a few days which I did and and he said he would file all the paperwork which I said was OK so I call him in a couple weeks no answer, I left a message many times so I wrote a certified letter which he signed for and I have documentation still no answer so I called his other business office one day secretary said he was not in after asking my name so I called back using my middle name and he answered and asked him why he did not file the paperwork and contact me his excuse was that he didn't think I had a case, at the beginning after looking at all my paperwork and said I had a case good case can I go after him for malpractice (the lawyers on the other side for the estate have been my lawyers in the past personally and for my corporation in family businesses)
1 Answer from Attorneys
Re: Lawyer fails
To succeed on a malpractice claim, you must show that you would in fact have recovered something (i.e., that you would have won). You must also show that the lawyer fell below the standard of care. Failing to file within the appropriate time usually is a failure to act within the standard of care, so showing your case would have won will be the major issue in any malpractice claim.
Also, it may be an ethical violation for a lawyer to fail to act diligently on a client's case or fail to communicate with a client. If you want to lodge a complaint for your lawyer's ethical violation, contact the Oregon State Bar.