Best Legal Malpractice Lawyers in Oregon

About Legal Malpractice Law in Oregon, United States

Legal malpractice occurs when an attorney fails to perform their professional duties with the competence and care expected of them, resulting in harm to their client. In Oregon, legal malpractice is a specialized area of law that allows individuals who have been adversely affected by their attorney’s mistakes or negligence to seek compensation. This type of claim holds legal professionals accountable for breaching their duties, whether through negligence, breach of contract, or breach of fiduciary duty. Understanding your rights and options under Oregon law is crucial if you believe your attorney has mishandled your case.

Why You May Need a Lawyer

There are several common situations where obtaining legal advice or representation for legal malpractice may be necessary:

• Your attorney has missed important deadlines, such as statutes of limitations, causing your case to be dismissed.
• You discovered your attorney mishandled your funds, failed to communicate, or engaged in a conflict of interest.
• You believe your attorney gave you incorrect legal advice that resulted in financial loss or damaged your legal position.
• Your case was lost, settled unfavorably, or not pursued due to what you believe was incompetence or inaction by your attorney.
• Your attorney failed to follow court orders or adequately represent you in legal proceedings.

Local Laws Overview

Oregon law sets specific standards and procedures for legal malpractice claims:

• Elements of a Claim: To win a legal malpractice lawsuit, a claimant must prove (1) the existence of an attorney-client relationship, (2) a breach of the duty of care owed by the attorney, (3) causation connecting the breach to any harm, and (4) actual damages suffered by the client.
• Statute of Limitations: Under Oregon law, most legal malpractice claims must be filed within two years of when the client discovered or should have discovered the alleged malpractice, but never more than five years after the date of the alleged act or omission.
• Expert Testimony: Many cases require expert testimony to establish the standard of care and to show how the attorney’s actions fell below acceptable legal standards.
• Comparative Fault: Oregon follows a modified comparative fault system, meaning a client’s own negligence can reduce or even bar recovery if they are found to be at least 51 percent responsible for their own loss.
• Damages: Clients may be eligible for compensation for lost financial opportunities, court costs, and in some cases, punitive damages if the conduct was especially egregious.

Frequently Asked Questions

What is considered legal malpractice in Oregon?

Legal malpractice in Oregon occurs when an attorney fails to exercise reasonable care, leading to financial harm or loss of legal rights for their client. This typically involves negligence, breach of fiduciary duty, or breach of contract by the attorney.

How do I know if I have a legal malpractice case?

To have a valid case, you must show your attorney owed you a duty of care, breached that duty, and that breach caused you actual damages. Legal experts can evaluate your situation and determine if you meet these requirements.

What is the time limit for filing a legal malpractice claim in Oregon?

You generally have two years from the date you discovered or should have discovered the malpractice, with an absolute deadline of five years from the date the malpractice occurred, regardless of when you found out.

Can I sue my attorney for losing my case?

Not every lost case is due to malpractice. You must prove your attorney’s actions, rather than the case’s merits, directly caused your loss and that you would have achieved a better outcome with competent representation.

What damages can I recover in a legal malpractice lawsuit?

Recoverable damages often include lost financial opportunities, the value of lost claims, and sometimes punitive damages if the attorney’s conduct was intentional or fraudulent.

Will I need another attorney to handle my legal malpractice claim?

Yes, these claims are complex and typically require an experienced attorney who specializes in legal malpractice to represent you and effectively present your case.

Is expert testimony required in Oregon legal malpractice cases?

In most cases, Oregon courts require expert testimony to explain the standard of care expected of attorneys and demonstrate how your previous attorney fell short.

Can I make a complaint to the state bar, or do I need to sue?

You can file a complaint with the Oregon State Bar concerning ethical violations, but obtaining compensation for losses generally requires filing a civil lawsuit for legal malpractice.

What if my attorney made a mistake, but it did not harm me?

To succeed in a legal malpractice claim, you must have suffered actual damages. If there was no harm or loss, you likely do not have a viable legal malpractice claim.

What steps should I take if I suspect legal malpractice?

Collect relevant documents, make detailed notes about your interactions, and consult an attorney who handles legal malpractice cases as soon as possible to preserve your rights and meet filing deadlines.

Additional Resources

If you need more information or assistance regarding legal malpractice in Oregon, consider the following options:

• Oregon State Bar - Client Assistance Office, for filing complaints or finding legal referrals
• Oregon Judicial Department, for self-help legal resources and guides
• Multnomah Bar Association, for lawyer referral services in the greater Portland area
• The Oregon Law Center, for low-cost or free legal advice if you qualify
• Local law libraries, for free legal research materials and information about legal malpractice

Next Steps

If you believe you are the victim of legal malpractice in Oregon, consider the following actions:

• Document all relevant communication, contracts, and evidence relating to your previous attorney’s actions.
• Contact an attorney who specializes in legal malpractice as soon as possible to evaluate your potential case.
• Be mindful of the statute of limitations and take swift action to preserve your rights.
• Decide whether to file a formal complaint with the Oregon State Bar, pursue a malpractice lawsuit, or possibly both.
• Prepare for your consultation by organizing your documents and writing a timeline of events leading to your concern.