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What To Know About Legal Malpractice

There is a very fine line between winning and losing a case. Your attorney needs to be able to execute a sound strategy while meeting specific deadlines. Good lawyers lose winnable cases all the time — it happens due to the unpredictable nature of the business. Most of these situations will not give rise to a claim for legal malpractice.

You may want to know what must happen before you may bring a claim against your attorney, and that is where William F. McMurry & Associates can help. Failure to file court papers within the court’s strict deadlines, failing to file your lawsuit within the applicable statute of limitations (time limit) and failing to properly respond to discovery requests of opposing counsel are just a few examples of negligent attorney conduct which can cause you to lose your case.

From our offices in Louisville, we have more than three decades of experience in helping with malpractice claims. We will carefully evaluate your case and determine if you have options available to hold your attorney responsible for their negligent acts.

The Case Within A Case

There are two parts to every legal malpractice case. First, you must show that you had a successful case and second, you must demonstrate the negligent acts of your attorney caused you to lose your case. In short, you must prove your initial claim before you can even bring a malpractice suit against your lawyer. Proving the case within the case can be hard to do when your former attorney has failed to gather the appropriate evidence or failed to preserve evidence crucial to the success of your case.

Our founding attorney, William F. McMurry, is the only attorney in Kentucky who is Board Certified as a Legal Malpractice Specialist* by the American Board of Professional Liability Attorneys (ABPLA). This means he has extensive experience in the courtroom with legal malpractice cases and knows what to do to help you prove your underlying case, as well as your lawyer’s negligence.

Examples Of Legal Malpractice

All Kentucky attorneys are bound by certain rules and obligations to clients. There is a specific standard that they must adhere to when handling your case. To establish a malpractice claim, you must show your attorney engaged in behavior that was negligent in some manner that negatively impacted your case.

Negligence can take many forms and covers many acts, which include:

  • Failing to file a brief according to specific deadlines
  • Lacking knowledge of certain laws or not applying these laws to your case
  • Responding to requests for documents after a deadline has passed
  • Missing the statute of limitations and filing a lawsuit too late
  • Failing to disclose conflicts of interest
  • Passing work off to others and not checking work after received

A legal malpractice case can be extremely complex, so it is important that you work with an experienced professional to know if you have a valid claim and the steps you must take to protect your rights. When a lawyer through his or her negligence has caused you financial losses and the disappointment which follows, we can help you hold them accountable.

What You Should Do If You Suspect Your Lawyer Handled Your Case Negligently

If you feel your attorney has behaved in a manner that placed your claim at risk, you should call our office at 502-326-9000 or go to our contact page to schedule your free consultation. We can help you learn more about your options regarding your potential legal malpractice case.

*Kentucky does not currently certify attorneys as specialists in any field of law. However, Mr. McMurry has the specific credentials allowing him to be identified as a specialist under the rules of the Kentucky Bar Association in the field of legal malpractice.

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