Tag Archives: attorney
Is it Malpractice if a Lawyer Refuses to Take a Case?
LAWYERS ARE NOT REQUIRED TO TAKE ON EVERY CASE A PROSPECTIVE CLIENT BRINGS THEM While there are circumstances in which a lawyer may be required, or strongly encouraged, to take a case, those circumstances rarely involve truly “private” legal matters. In other words, no, it often (and, in most cases, usually) is not malpractice for… Read More »
Who Can Be Held Liable For Premises Liability?
WHO IS LIABLE (AND WHO IS PROTECTED) UNDER PREMISES LIABILITY LAW? Premises liability law is often used to protect the rights of tenants or visitors who are injured or whose property suffers damage while visiting or doing business on someone else’s property. Generally speaking, the duty to repair and maintain property and improvements arises… Read More »
What Does it Mean to Legally “Cause” an Injury?
CAUSATION IS A MANDATORY ELEMENT OF NEGLIGENCE CLAIMS In order to prevail on a negligence claim, the plaintiff must prove causation — a legally-recognized causal relationship between the defendant’s breach of duty and the plaintiff’s injuries. Causation is a mandatory element of a negligence claim, which means that if the plaintiff cannot prove it to… Read More »
Expert Testimony in Legal Malpractice Cases
WHEN IS EXPERT TESTIMONY REQUIRED IN MALPRACTICE CASES? Generally, expert testimony is not required in legal malpractice cases if the lawyer’s act or omission was so clearly a breach of duty and contrary to accepted standards that a jury (or judge, as trier of fact) does not require expert testimony to find malpractice. Where the… Read More »
Don’t Criticize an Attorney’s “No” to Representation
Many times, when an attorney refuses to take a case, the prospective client takes the refusal personally. The prospective client feels let down, or slighted, or that the attorney just didn’t think the case was “worth enough.” This isn’t always true. In many cases, an attorney who refuses a case is simply complying with… Read More »
