Oregon Personal Injury Lawyer Blog

Oregon attorneys must have malpractice insurance through the (PLF). PLF statistics provide an interesting look into claims made against Oregon attorneys.

What are people suing lawyers about? Between 2000 and 2009, clients made claims against Personal Injury lawyers most often, accounting for 17% of claims. A close second was Divorce & Family Law attorneys at 16%. The remainder follow:

• Bankruptcy Attorneys: 12%
• Real Estate Attorneys: 11%
• Business & Commercial Law: 10%
• Estate Planning and Estate Tax 10%
• Criminal lawyers: 7%
• Others: 5%

Numbers of claims go up and down over the years ranging from a low of 780 in 2006 to 973 in 2009. Only about 4% of all claims go to trial. 39% of the claims are denied or abandoned. 19% of the time, the PLF hires lawyers to fix the problems created by the negligent attorney. 26% settle before litigation and 12% settle or are dismissed during litigation. Of those 4% that actually go to judgment, the PLF wins 3 out of 4 times. That's good; an insurance company should settle when the attorney malpracticed and defend a lawyer who did no wrong.

People rely on lawyers for help, and when attorneys commit legal malpractice, the clients should not hesitate to contact another lawyer for to determine whether it makes sense to file a claim with the Oregon's Professional Liability Fund.

Jeff Merrick, Oregon Trial Attorney
503-665-4234

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.

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.