Legal Question in Legal Malpractice in Oregon

Legal Malpractice

I am inquiring to see how much validity we have

against a lawyer who misrepresented himself

during contract negotiations. When I signed on

with my present employer, I sat down with my

employer and a lawyer who stated that he was

representing the shareholders of this PC. I

thought he was representing my best interests

since I was signing on as a shareholder. Now I

am in the middle of a contract dispute, and have

been told by my present lawyer that this lawyer

acted unethically in representing both myself and

my employer. For the entire term of my

employment, this lawyer has sent various items

marked ''confidential'' and has acted on my behalf.

I never signed a disclaimer, nor did this lawyer

indicate that he was representing the owner and

that I should seek independent counsel for

myself. Do we have a case?


Asked on 2/27/02, 2:43 am

1 Answer from Attorneys
J. William Savage Rieke & Savage, P.C.

Re: Legal Malpractice

You may have the basis for a legal malpractice action. The fact that the lawyer may have acted unethically isn't the end of the analysis, however. The more important questions are: 1) what act(s) of malpractice took place (ie, how did the lawyer fail to act as ordinarily careful lawyer should have acted under similar circumstances), and 2) what harm or injury did you suffer (ie, what are your damages)? These, and related questions, are the most important ones. The fact of unethical conduct certainly helps, but doesn't necessarily get you all the way through a legal malpractice with a certain result. I hope this helps.

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Answered on 2/27/02, 11:32 am


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