Blog Topic

Being an Informed Client
Posted by: Jason Reese
October 09, 2009

It is crucial to be an "informed consumer" when hiring an attorney to represent you in a personal injury, worker's compensation, or medical malpractice case. At Wagner, Reese & Crossen, because we handle cases involving legal malpractice in Indiana, we often hear about the things that go horribly wrong in an attorney-client relationship.

Here is a list of questions you might want to ask yourself before hiring an attorney and during the course of your relationship with the attorney you have chosen:

•1.) How did I learn about this attorney? What is his/her reputation? Ask a lot of questions. Interview the attorney. You are hiring them. They are your employer.

•2.) Was I pushed into signing a contract without feeling completely comfortable with that decision? An attorney should discuss each part of the contract with you before expecting you to sign it. You should understand all elements of the contract and be allowed to ask questions until you understand. Go home and think about it. Bring another person to the meeting with the attorney. Two brains and two sets of ears are always better than one.

•3.) Have I been provided a copy of every contract/document that I have signed? As you sign documents, especially a contract, request to retain a copy of all documents for your records. That is not an unreasonable request.

•4.) Does my attorney carry malpractice insurance? Attorneys practicing law in Indiana are not required to carry malpractice insurance. If an attorney makes a mistake on your case such as missing a deadline, you will be relieved to learn that they are insured. Attorneys should carry as much insurance as the amount of their largest case.

If you have questions regarding legal malpractice in Indiana, please call our office for a free consultation toll free (800) 792-0332.

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Indiana Statute of Limitations
Posted by: Jason Reese
September 23, 2009

The statute of limitations in Indiana is a date based on a certain amount of time following an event or the discovery of an event in which a lawsuit must be filed, or your claim will be forever barred. The calculation of this date is fairly straightforward. Speak to your attorney regarding your statute of limitations. Legal Malpractice cases arise when your attorney fails to file a claim on your behalf in a timely manner, or more accurately, within the statue of limitations.

These cases can be very difficult to pursue, as juries often view lawyers with high esteem. If you hired an attorney to file a lawsuit on your behalf and the lawsuit was not filed "in time," please contact an attorney who is experienced in handling Legal Malpractice claims. For a free consultation, please call the Indiana law firm of Wagner, Reese and Crossen at (800) 792-0332.

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Legal Malpractice 101
Posted by: Jason Reese
September 15, 2009

Just as medical providers have a "standard of care" they must uphold in their area of expertise, lawyers have a similar "standard of care" that they agree to maintain when entering into an attorney-client relationship. When you hire an attorney in Indiana to pursue and/or file a claim, you have faith in the fact that the attorney will provide the guidance and professional skill necessary to render that service. Anything below that "standard of care" is legal malpractice.

What are the professional responsibilities of a lawyer? It is the main responsibility of an attorney to represent you ethically, zealously, and within the bounds of the law. Your relationship with your attorney should be completely confidential. It is also the responsibility of an attorney to communicate to their clients in a timely manner and meet all deadlines within the scope of a particular case.

Because there is both an attorney and a client in this relationship, you also have an obligation to uphold the terms of a signed contract. It is important that you attend all legal proceedings and provide your attorney with truthful, accurate information.

At Wagner, Reese and Crossen, in addition to Legal Malpractice, our main areas of practice fall under Worker's Compensation, Personal Injury, and Medical Malpractice. If you hired an attorney in Indiana to pursue a lawsuit in any of the three above mentioned areas of law and that attorney failed to meet the "standard of care," please contact our office toll-free at (800) 792-0332.

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Liability Insurers and Defense Costs- Seventh Circuit Affirms Dismissal of Insurer
Posted by: Jason Reese
August 27, 2008

TIG Insurance Co. v. Giffin Winning Cohen & Bodewes, P.C., the Seventh Circuit blocked a liability insurer's attempt to re-coup some of its policyholder's defense costs by filing a legal malpractice suit against the law firm that initially represented the policyholder.

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Alderstein v. Duane Morris
Posted by: Jason Reese
August 27, 2008

A 1.6 million dollar legal malpractice trial went underway in late 2001 in Philadelphia's Commerce Court Program before Common Pleas Judge Howland Abramson. This case concerns whether a settlement agreement that attorney Duane Morris helped his client reach should have provided security in the event the other side did not pay up.

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Failure to List Legal Malpractice Lawsuit as an Asset In a Bankruptcy Leads to Dismissal of Lawsuit
Posted by: Jason Reese
August 27, 2008

An article in the Chicago Daily Bulletin concerning a decision by the Illinois Appellate Court was discussed dealing with the failure to schedule legal malpractice claims in a bankruptcy. According to the article, the Illinois Appellate Court dismissed a couple's legal-malpractice lawsuit based on a lack of standing because of their failure to list the cause of action as an asset during their bankruptcy proceeding.

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Failure to List Statute of Limitations - Indiana Lawyer Malpractice
Posted by: Jason Reese
August 27, 2008

The number one reason attorneys are sued by their clients is for failure to timely file the clients claim under the statute of limitations. In Indiana, a claim must typically be filed within 2 years from the date the client knew or should have known about his injury or damage. Attorneys and their staff sometimes fail to file the claim within the deadline period. As a result, clients become victims of attorney malpractice. Clients should pursue claims against their attorneys if the claim that was mishandled was meritorious and the clients lost his or her recovery rights as a result of the failure to comply with the statute of limitations.

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Illinois Appellate Court Holds That Defendant
Posted by: Jason Reese
August 27, 2008

To plead a cause of action for legal malpractice, a plaintiff must allege facts that support a finding that...

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A Quick Explanation of Legal Malpractice
Posted by: Jason Reese
August 27, 2008

Just like doctors, accountants, engineers, or other professionals, attorneys have a duty to exercise reasonable care in representing their clients. Legal malpractice is the negligent practice of law, breach of fiduciary duty, or breach of contract by an attorney that causes damage to his or her client. In order to prove legal malpractice...

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