Legal Question in Legal Malpractice in Oregon
Legal Malpractice
We are involed in a civil lawsuite. Our attorney filed for a ''Summary Judgement'' which cost our company a lot of money. Before the judgement was ruled on our attorney insited that the owner of our company go to Mediation he said it would look better in front of a judge at trial. At mediation both our attorney and the mediatior ''railroaded'' the owner of our business and convinced him it would be better to settle the case. Reluctintly he agreed and settled it. My question is do we have a malpractice suit against our attorney since he did not wait for the judge to rule on Summary Judgement?
Is it this ethical practice?
Thank you for your time
1 Answer from Attorneys
Re: Legal Malpractice
Mediation is a voluntary process. The lawyer and mediator did not have the authority to force any of the parties to settle. It is unlikely any claim for malpractice could be made out in those circumstances. With regard to the summary judgment motion, it is a common practice for defense lawyers to file them as leverage for settlement. Now, some remote possibilities for a claim might exist if, but only if, the lawyer engaged in coercive or threatening tactics or in some way made the client's decision other than voluntary, an unlikely scenario. You always have the right to file an ethics charge with the state bar, if you believe you have grounds to do so. I would recommend that you contact the bar offices to discuss any claim you feel might have merit.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.