Locating an Appropriate Legal Malpractice Lawyer in Maryland

What is Legal Malpractice?

Legal malpractice can occur in a variety of ways. According to the Maryland State Bar Association, legal malpractice can occur where there is an error or omission on the part of the lawyer that results in a financial loss to the client. Legal malpractice can happen through mistakes like missed deadlines, lack of competent representation, conflicts of interests, or negligence in handling a case. In Maryland, there are three categories where legal malpractice can occur: In each of these categories, an attorney must be shown to have acted with negligence. Negligence is the standard of care required by law in which a reasonable attorney would exercise that same level of skill, expertise, and care. Legal malpractice is retained within the statute of limitations in both Maryland and Washington, D.C., but getting a lawyer involved as early as possible after you notice a potential issue is essential. Examples of legal malpractice can occur in any situation, including when a lawyer fails to file a lawsuit for a plaintiff, or when a lawyer fails to properly prepare for the trial of a case, or even when a lawyer settles a case without the approval of the client. Other common examples of legal malpractice can occur in family law cases, when attorneys fail to properly file necessary paperwork, fail to follow proper procedures in divorce cases, as well as other ways . An example of legal malpractice can also occur where an appellate attorney has mishandled your case at the appeals level, resulted in a loss at the Court of Special Appeals. If a lawyer fails to raise issues that should have been raised, or provide evidence that should have been included, this may be legal malpractice. Another recent published decision involving legal malpractice in Maryland is Lopez v. Gooze, 453 Md. 236 (2017). In this case, the Court of Appeals noted "First, the issue of foreseeability is not whether it is foreseeable that a lawyer might commit an error that forecloses recovery in tort for a subsequent claim of medical negligence. Second, it is our view that, given the correct approach for determining whether a lawyer who commits an error pertaining to anticipated medical care or treatment arguably violates the applicable standard of care in tort for medical negligence, any lawyer in that situation should be able to foresee at the inception of the first action that the breach of the professional standard of care is highly unlikely to result in a favorable outcome should his or her error result in a verdict against his or her client in the first action."

Indicators That You Need a Legal Malpractice Lawyer

Some tell-tale signs showing a potential legal malpractice case are the following ones:

A deadline was missed or you think there was a deadline coming up.
Money is missing from your estate, or brokerage account, or bank account.
A document was altered, which you know you did not sign.
You never met your attorney, but he represented you regardless.
Your case was not investigated at all or thoroughly enough.
Your attorney took money from your settlement and you never saw anything for it.
You find out that a motion was made against you that you did not know about.
One piece of evidence seems to be missing from a file.
Your attorney was clearly drunk or under the influence of drugs during your meetings.
Your attorney missed two deadlines that caused you to be held in contempt of court or caused a case to be dismissed.

These are just a few clear cut signs that your attorney is probably guilty of malpractice.

Finding an Effective Legal Malpractice Lawyer in Maryland

The selection of a legal malpractice attorney is a critical step in the recovery process if you have been wronged at the hands of a negligent attorney. To ensure that you choose the right attorney for your case, consider the following qualifications and experiences:
• Track Record – Choose an attorney who has a proven track record of success with legal malpractice cases in Maryland. Do they have experience, or at least working knowledge, of the area of the law that pertains to your case? For example, a legal malpractice attorney who focuses on personal injury cases is not the best choice if your case involves a family law matter.
• Credentials – Thoroughly review the credentials of each potential lawyer or firm. If so, meet the attorney in person for an initial consultation to further vet them. The person you choose should be a member in good standing of the Maryland State Bar Association and maintain a high rating with trusted entities such as the Better Business Bureau or Avvo.
• References and Referrals – Ask trusted friends, colleagues or family members for recommendations. You can also ask for references from each attorney you are considering. In addition, check the attorney’s reviews on popular legal referral websites to get an idea of their past cases and levels of client satisfaction.
• Fee Structure – Before you commit to a legal malpractice attorney, discuss and review the fee structure of your relationship. Many legal malpractice attorneys work on a contingency basis, while others charge flat fees, hourly fees or retainers. Work closely with your attorney to develop a plan that you are both comfortable with, and be sure you understand exactly how much of a cut will be taken from your recovery.

The Process of Legal Malpractice Claims

Each and every case is unique to the circumstances surrounding it; however, the process for bringing a legal malpractice case in Maryland will usually follow some common steps.
First, there is the consultation and hiring of a legal malpractice attorney. A non-expert may review the contract with your attorney and determine that there is a breach of the contract. However, there are intricate details in the law that require a legal professional to interpret. For example, there is a strict six-month period of time following the date you actually became aware of the breach (or should have) as well as the amount of damages you suffered. So even though your legal case may have failed, until you have met with a legal malpractice attorney, you may not be able to bring a case.
You will first meet with your attorney during the consultation. It is important to be completely honest and provide all of your documentation. Remember, the attorney is your advocate, and needs to know the facts to properly represent you. Once you have officially hired your attorney , he/she will file your case. Your attorney will then manage all the paperwork necessary to file your case in the proper jurisdiction. In general, the next step is discovery. The discovery phase is meant for your attorneys to learn everything possible about the case. Your own attorney will conduct interrogatories and document requests. The other side will then conduct similar discoveries. Other forms of discovery include depositions, which are statements taken under oath or by oral examination. Interrogatories are written questions. The discovery phase can take several months. When discovery is complete, the attorney may file a motion for summary judgment. If that is granted, it means the case will not go to trial. If summary judgment is not granted, you are headed for the trial. Your attorney will present a case for you, and you will be ruling on the jury. Be prepared, however, that more likely than not, this case will not result in a trial at the end. The parties may settle before the trial begins.

Obstacles in Legal Malpractice Cases

Some common challenges a person may have in these situations include:
Burden of Proof: One of the most common challenges people face when dealing with legal malpractice cases is proving that their attorney was actually negligent. Under Maryland legal malpractice law, the burden of proof is on the plaintiff to demonstrate the attorney’s negligence and how it directly caused the harm. This often requires substantial evidence, which can be difficult to gather without the expertise of a competent legal malpractice attorney.
Client’s Relationship with the Attorney: One of the grounds on which a legal malpractice case could be dismissed is if the plaintiff does not have an attorney-client relationship with the attorney involved in the case. This means that the accused attorney must have been retained by the client to perform legal services directly impacting the client, as opposed to a third party. In cases where the attorney was not directly retained by the client, there may be no legal malpractice case.
Defense Tactics: One of the additional challenges to winning a legal malpractice case a Maryland lawyer can use is attempting to distract the jury with other accusations relating to the case at hand. For example, if a plaintiff loses a case against a third party for failure to prevent foreclosure, the accused attorney may argue that his client was to blame for the foreclosure itself or that his mistakes were not the reason the foreclosed home was lost. While this may seem unrelated to the real issue at stake, it can create enough confusion in the minds of jurors that a lawyer who has committed legal malpractice can get away with the error.
Complex Proceeding: Legal malpractice is a complex proceeding. Generally, the plaintiff must prove that the attorney had a duty, breached that duty, and that this breach was what caused the damages. Each of these aspects must be proven to be connected and the plaintiff must also satisfy the reasonable cause standard for showing a valid case even exists. Such complexities make it easy for a poorly-equipped plaintiff to lose, particularly where the opposing attorney is experienced with legal malpractice cases.

Successful Legal Malpractice Cases

To better understand how the topics discussed previously in this post may affect your decision, here is a look at a triumphant legal malpractice case and how the types of errors we went over earlier could have changed the outcome. Gregory Olona sought the counsel of Charity Taylor to handle an unlawful detainer action in December of 2005. Her legal fees for the case amounted to about $1,250. A motion to set aside a judgment was filed, at which point he explained that there had been no notification of the hearing. The judge denied the motion on grounds of lack of validity. According to Olona, he continued to ask Taylor questions about the rest of the case, but had trouble reaching her. Arguments for the case were tried in September 2006, at which point he said he noticed that evidence from his side of the case was not being presented. The following month, VISA filed a case against Olona. Taylor responded by asking for a summary judgment against VISA. When this wasn’t granted, he says Taylor didn’t object . Instead, she told him that he could settle with VISA and that the parties had reached a settlement amount. By the time January 2007 rolled around, Olona was still trying to reach Taylor. He called the firm and found out that she had left her employment. He finally started to realize that Taylor had failed to do any work on the case at all and consulted a different attorney. Since legal malpractice requires the attorneys involved to have failed the statutes and rules of the profession, including the negligent handling of a case, the plaintiff must then prove that the breach of duty caused injury. In this case, the "case" was successfully handled by the second attorney, and Olona was able to recoup expenses paid to Taylor as well as receive damages in the second case. The successful legal malpractice plaintiff needs to have all the elements in place, but also needs to be able to illustrate that the first attorney’s errors were the direct cause of the injuries in the case. If you believe you are a victim of legal malpractice, contact a legal malpractice attorney to review your specific cases.