In the past week, I've received five calls from people in Portland, Eugene, & Lake Oswego, Oregon who want to sue their former Attorneys. The cases have ranged from simple to complex to no cases at all.
The classic example came from one caller, "I had a car accident and my attorney did not file the lawsuit on time." With a situation like that, my job is to determine what the client should have received from the lawsuit ("damages"), and then pursue the claim against the lawyer to pay the damages instead of the guy who caused the car accident. Fortunately, in Oregon, all attorneys have a minimum amount of malpractice of $300,000.
Another caller really had no case. In Eugene, she had a car accident. Her lawyer, she said, worked slowly and did not return her calls. She fired him and hired a second law firm. In the end, she received the policy limits on her Underinsured Motorist Policy. Unfortunately, the total dollar amount was still too small to cover her total losses. But that was not the fault of the attorney.
Yet another caller hired me to review complex business litigation involving motions for restraining orders and injunctive relief. Things did not work out as planned, and his company suffered losses. I was able to review the matters and give my "second opinion" on what the first lawyers had done.
Professionals, whether they are doctors, attorneys or real estate salespeople, owe their clients the duty to provide services to the standard of care provided by other such professionals. If they do not, and if it causes you a loss, then you have a right to sue. Every case involves the same questions:
1. What would other professional have done under the circumstances?
2. Did your attorney (or doctor or realtor) meet that "standard of care?"
3. Did the breach of the standard of care result in a change of circumstances or outcome? If so, then,
4. What is the dollar value of the loss?
Those are the questions to consider if you have a problem with your lawyer. And remember, claims against Oregon Attorneys must be filed within two years of the date a person should have known he or she had a claim.
Jeff Merrick, Oregon Trial Attorney
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
