Last week, I provided a check to a Portland, Oregon woman after we settled her legal malpractice claim. The amount and the name of the attorney are confidential.
The circumstances are not uncommon. The lawyer lost the case because he did not file and serve the summons and complaint on time. He blew the Oregon Statute of Limitations. So, fault, or liability, was clear. The real question was how much money should be paid.
We call it the "case within the case." Here, the case he screwed up on was a car accident case. My client was rear ended and suffered a whiplash injury. So, it was my job to evaluate that case within the case to see what a fair settlement value would be.
As an attorney who also represents victims of car accidents, I was able to review the case by myself. I did not need to hire an expert lawyer, as I must do when the legal malpractice occurs on a criminal law case. I came up with my value and asked my client if she would agree to settle in that range. She agreed.
Then, I contacted the other lawyer and the Professional Liability Fund, which is the legal malpractice insurer for all Oregon State Bar members. Fortunately, they evaluated the case the same way I did, and we were able to reach agreement promptly, without even spending money on a filing fee or court reporter fees.
So the message is this. Proving that the attorney committed malpractice is just the first step. Understanding the value of the "case within the case" is the most important determinate of the monetary value of a legal malpractice case.
Jeff Merrick, Oregon Trial Lawyer
503-665-4234
The above is not legal advice. I cannot give you reliable advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
