Attorney Liability

Attorney Liability: Unlucky Twice?

Did you go to a lawyer with your problem, hoping for a good solution? Did you expect to be listened to, kept informed throughout the process, and made aware of your options, pitfalls, and risks? Did you want a thorough review? Did you want a solution—not just promises, careless handling, or even sloppy work?

The liability of lawyers and other legal service providers is always a sensitive issue. Not because it’s directed against lawyers, but because instead of the solution you hoped for, you now have yet another problem on your hands—and in that regard, even deciding what to do next can sometimes be difficult. Is it even possible to prove misconduct, hold your own lawyer liable, and claim reimbursement for wasted litigation and procedural costs—and possibly even damages? Does that even make sense?

Or will it remain a constant source of frustration if you haven’t at least tried? Or at least had it reviewed?

Not every lost case is the result of a lawyer’s mistake, not every failure to provide information is blameworthy, and not every missing detail in a legal dispute leads to its loss.

But what is blameworthy?

In our many years of practice as a litigation law firm, we have repeatedly observed that the quality of case handling by attorneys varies and that the outcome of a legal dispute can sometimes be clearly attributed to incorrect factual presentations, the overlooking of important client information, ignorance of case law and the resulting risks—in short, attorney misconduct. We know from enforcement proceedings against debtors that they have often not been adequately informed about litigation risks and the possible consequences of a legal dispute.

It is cases like these that leave those seeking justice at a loss, especially when clear indications of mishandling a case are evident during oral proceedings in court or in correspondence with legal expense insurance providers.

Drawing on the in-depth litigation experience of our firm’s attorneys, we are well-equipped to assess whether a case was handled in a reprehensibly improper manner by an attorney or legal service provider, whether incorrect legal advice was provided, whether errors were made in the conduct of a legal dispute, or whether risks or consequences of the dispute were not pointed out or were insufficiently addressed.

It makes no difference whether the issue concerns attorney liability in the diesel scandal, a cease-and-desist proceeding, the failure to meet statutes of limitations, or incorrect or insufficient legal advice.

We’ll take care of it. Discuss the matter with us. We’ll review it—carefully and thoroughly. Then, together with you, we’ll determine what options are available, highlight the risks, and outline the next steps. Your informed decision is what matters most.