Yesterday, the Oregon Supreme Court suspended attorney Anthony Robert Lopez, Jr. for eight instances of misconduct, including mishandling personal injury settlements. Attorney Lopez's bad conduct provides reminders of what clients should expect from their attorneys. It also illustrates an important difference between legal malpractice and attorney misconduct that does not amount to malpractice.
Most of the issues involved personal injury settlements. An attorney must (1) promptly inform clients of settlement offers, (2) obtain court approval when settling a child's injury claim (usually), (3) explain how settlement funds will be used, and (4) disburse the funds within a reasonable time. Often, doctors or others who have provided services or funds to the injured person because of the car accident have a claim against the settlement. The lawyer needs to deal with those claims and liens.
Mr. Lopez settled some minors' claims without court approval, which was conduct prejudicial to the administration of justice. When he paid himself out of the unapproved settlement, that constituted collecting an illegal fee.
Mr. Lopez failed to deal properly with payments to medical providers, which constituted a failure to provide competent representation.
If the clients suffered monetary losses from this type of conduct, then they would have a legal malpractice claim against the attorney. However, if the clients got all the money to which they were entitled and it was just a matter of delaying the final payments to others, then there is no attorney malpractice. That's because, for any claim of negligence, one must suffer "damage" before you can go to court and sue.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
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.
