Legal Question in Legal Malpractice in Utah

Attorney Settlement

If an attorney is is being screened by the OPC, Utah Bar Assoc. and has joined another firm while the investigation is being conducted for malpractice, who is responsible for any monetary settlement if the attorney was not insured prior to the case being brought to the Bar, and how can an individual collect on damages if the Attorney is disbared? who is responsible? how can I collect all damages that are being brought before the disciplinary committee? do i need to hire a civil attorney? I lost a home, inheritance, disability benefits, credit distroyed, loss of all personal files from attorney? She is being brought up on 10 violations. 1 competence,2.diligence 3. communication 4. fees 5. confidentiality of info.6. safekeeping of property 7. declining or terminating of representation 8. Bar admission and Disciplinary matters 9. misconduct 10. misconduct.. In all beause she failed to be diligent, or even work on my case for over 2 1/2 years, i have lost a total of and documented $475,000.00 in property, plus the damages done to my credit by the foreclosure on my property ie higher interest rates even with car insurance, plus emotional, menatl and financial stress due to her negligence. i am a victim and need to recoop any and al


Asked on 4/27/05, 3:48 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Attorney Settlement

The attorney is personally liable. Often an attorney will have professional liability insurance which will pay for malpractice. There are several kinds of malpractice insurance, one which applies here is call "tail insurance" meaning that the attorney is protected from lawsuits arising out of past activities. The attorney may well have such coverage at a new firm.

I would not rely on the Utah State Bar to protect your losses. They generally investigate - at a snails pace - complaints against attorneys. If they eventually determine that a violation has occurred, the Bar refers the case to the Supreme Court for further action. The Supreme Court will open a case and challenge the attorney. The SC has power to award damages to the wronged party, but this process can take a very long time, and you have little control to prove your losses.

Your safest and quickest option is to hire an attorney to prosecute the malpracticing attorney in civil court. If the malpractice attorney has insurance the claim will be vigorously defended against by the insurance company. If no insurance then the attorney is on her own to defend herself or with her private attorney. There is always a risk that if there is no insurance that the attorney can declare bankruptcy. It will be up to the bankruptcy court to decide whether or not to discharge any claim for malpractice.

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Answered on 4/27/05, 3:59 pm


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