Best Legal Malpractice Lawyers in Akron

About Legal Malpractice Law in Akron, United States

Legal malpractice occurs when an attorney fails to competently perform their legal duties, resulting in harm to their client. In Akron, Ohio, legal malpractice can involve various acts of negligence, such as missing critical deadlines, failing to adequately prepare for a case, or providing incorrect legal advice. Pursuing a legal malpractice claim in Akron requires proving that the attorney's conduct fell below the accepted standard of professional practice and that this conduct directly caused damage to the client.

Why You May Need a Lawyer

There are several situations in which you might require legal help in dealing with a legal malpractice issue:

• Missed Deadlines: When your attorney misses critical filing deadlines, leading to the dismissal of your case.
• Conflict of Interest: If your attorney represents another party that conflicts with your interests.
• Inadequate Communication: When an attorney fails to keep you informed or respond to your inquiries in a timely manner.
• Improper Conduct: If your lawyer engages in unethical or illegal behavior that affects your case.
• Poor Case Preparation: When an attorney does not adequately prepare for hearings, trials, or settlement negotiations.
• Settlement Issues: If a lawyer advises you to accept a settlement offer that is significantly lower than what you are entitled to.

Local Laws Overview

Understanding the local laws related to legal malpractice in Akron is essential for navigating your claim effectively:

• Statute of Limitations: In Ohio, the statute of limitations for filing a legal malpractice claim is one year from the time the client discovers, or should have discovered, the malpractice. This is critical to keep in mind to ensure timely action.
• Proving Negligence: To succeed in a legal malpractice claim, you must show that the attorney’s actions were below the accepted standard of care in the legal community and that this directly caused you harm or financial loss.
• Expert Testimony: Often, expert witnesses are required to establish the standard of care and how the attorney in question failed to meet this standard.
• Compensatory Damages: Clients can seek compensation for actual financial losses incurred due to the attorney’s negligence, such as lost settlements or legal fees.
• Comparative Negligence: Ohio follows a comparative negligence rule, meaning if the client is found to be partially at fault, any damages awarded may be reduced by their percentage of fault.

Frequently Asked Questions

1. What is legal malpractice?

Legal malpractice occurs when an attorney fails to perform their legal duties competently, leading to harm or damage to their client's interests.

2. How do I prove legal malpractice?

You need to prove that the attorney's conduct fell below the standard of care expected in the legal profession and that this conduct directly caused you harm.

3. What damages can be recovered in a legal malpractice lawsuit?

You can recover compensatory damages for actual financial losses, such as lost settlements, additional legal fees, and other losses directly resulting from the malpractice.

4. How long do I have to file a legal malpractice lawsuit in Akron?

In Ohio, you generally have one year from the time you discovered or should have discovered the malpractice to file a claim.

5. Do I need an expert witness for my legal malpractice case?

Yes, in most cases, expert testimony is required to establish the standard of care and demonstrate how the attorney's actions deviated from it.

6. Can I sue my attorney for poor communication?

Poor communication itself may not constitute malpractice. However, if it results in missed deadlines or other significant issues that harm your case, it might be part of a larger malpractice claim.

7. What is the standard of care in legal malpractice?

The standard of care is the level of skill, prudence, and diligence that an attorney of ordinary skill and knowledge commonly possesses and exercises in similar circumstances.

8. Can I settle a legal malpractice claim out of court?

Yes, many legal malpractice claims are settled out of court through negotiation or mediation.

9. What if I partially contributed to the problem?

Ohio's comparative negligence rule allows for damages to be reduced by the percentage of fault attributed to the client.

10. How do I choose a legal malpractice attorney?

Look for attorneys who specialize in legal malpractice law with a track record of successful cases. Check their credentials, reviews, and schedule a consultation to determine if they are a good fit for your needs.

Additional Resources

Here are some resources that can be helpful for those seeking legal advice regarding legal malpractice in Akron:

• Ohio State Bar Association: Provides resources and referrals for legal malpractice attorneys.
• Akron Bar Association: Offers local legal resources and attorney referral services.
• Ohio Supreme Court Disciplinary Counsel: Investigates complaints against attorneys and can provide information on disciplinary actions.
• Ohio Legal Assistance Foundation: Provides support and information for low-income individuals seeking legal aid.

Next Steps

If you believe you have a legal malpractice claim, take the following steps:

• Document Everything: Keep detailed records of all communications and transactions with your attorney.
• Consult with an Expert: Contact a legal malpractice attorney for an initial consultation to assess your case.
• Gather Evidence: Collect all relevant documents, emails, and other evidence that support your claim.
• File a Complaint: If advised by your attorney, file a formal complaint through the appropriate legal channels.
• Stay Informed: Keep yourself updated on your case's progress and maintain regular communication with your new attorney.

Taking these steps can help ensure that your interests are protected and that you take appropriate legal action if needed.