Everyone must place trust in the hands of different types of professionals throughout their lives. Doctors and specialists help treat sick or injured patients. Financial experts manage peoples’ hard-earned money and provide recommendations for investments. And lawyers protect the rights of their clients, negotiate contracts and manage estates, and provide crucial representation at the negotiating table and in the courtroom. But sometimes, the very people we trust to help us make mistakes.
When a lawyer fails to meet the obligated standard of care, the impact can be extremely damaging. Clients lose out on justice, compensation, and business opportunities, and there can be harmful effects on a personal, professional, and financial level.
But can you sue your lawyer for legal malpractice in Ohio? The simple answer is yes, but specific requirements and filing deadlines must be met.
Ohio’s legal malpractice laws state that once a client discovers or should have discovered their lawyer was negligent, they have one year to file a lawsuit. These types of lawsuits hold attorneys accountable for the harm they caused their clients, including financial losses and other damages.
But for a legal malpractice claim in Ohio to be successful, the plaintiff must prove their attorney was negligent, that damages occurred as a result, and file within the statute of limitations and statute of repose. This is where an Ohio legal malpractice attorney can help.
What Is Legal Malpractice in Ohio?
Every state has malpractice laws that outline the process that must be followed and the requirements that must be met. If you think you may have a case against your Ohio attorney, it’s important to consult with another lawyer.
Legal malpractice in Ohio requires plaintiffs to show:
- There was an attorney-client relationship when the malpractice occurred.
- The attorney failed to provide the standard of care. (What would another attorney under the same circumstances have provided the client? Would they have made the same mistake?)
- The client suffered losses because the standard of care was not met.
How much a legal malpractice claim is worth in Ohio depends on the specific facts of the case. A legal malpractice attorney and their team of experts determine the value of losses and damages. Some losses are not easily calculated; the hardships suffered, loss of income or employment, missed business opportunities, failed mergers, and additional fees and costs caused by legal malpractice must be considered when filing a claim.
There are many ways a lawyer may be negligent. Examples of legal malpractice in Ohio that a lawyer may be held liable for include:
- Failure to file a claim within the statute of limitations.
- Failure to obtain consent from a client before accepting a settlement, contract, or agreement.
- Misrepresentation of experience and skills. (Taking a case they are not qualified to handle or failing to hire or consult with experts).
- Conflict of interest.
- Neglecting a case.
- Improper handling (intentional and unintentional) and errors that cause the case to be thrown out of court.
- Fraud or misuse of client fees.
- Poor legal advice.
These are just some of the ways legal malpractice may occur. With strict filing deadlines and other requirements in Ohio, anyone who suspects or knows their lawyer has been negligent should consult an attorney.
Deadline to File Legal Malpractice Claims in Ohio
A one-year statute of limitations applies to legal malpractice lawsuits in Ohio. This means that individuals must file a claim within one year after they discovered or should have discovered the malpractice event or when the attorney-client relationship is terminated as to that specific matter, whichever is later.
But in 2021, Ohio’s legal malpractice laws changed. The one-year statute of limitations still applies, but now a four-year statute of repose means that if legal malpractice is not discovered within four years, the claimants are not able to sue their lawyer after this time.
There are a few exceptions, including if the plaintiff was a minor or of unsound mind when the malpractice occurred. The statute of repose has drastically changed legal malpractice lawsuits in Ohio, so the sooner you speak with an attorney about your case, the better.
Why Hire an Ohio Legal Malpractice Attorney
The best option for anyone who thinks their lawyer failed in their duty is to consult an attorney experienced with these cases. After all, legal malpractice lawsuits in Ohio are complex, require specific skills to navigate, and have strict time constraints and filing deadlines.
An experienced legal malpractice lawyer hires experts if needed and reviews similar cases to strengthen your claim. Most importantly, they will fight for your rights and ensure justice and compensation for another attorney’s failure to do their job.
Anyone who knows or suspects their lawyer committed malpractice should consult an attorney immediately. Do not delay taking action, but meet with an experienced Ohio legal malpractice lawyer before firing your current lawyer. And even if you think you have no legal recourse, you should still seek legal help. There may be exceptions or other avenues for justice. Contact Murray & Murray or call (419) 624-3000 to discuss your legal malpractice case today.
Comments for this article are closed.