Locating Top Legal Malpractice Attorneys in Michigan

Michigan Legal Malpractice

Michigan legal malpractice is the error, the breach of fiduciary duty of care or the mistake of a lawyer in representing a client in a Michigan State Court, Federal Court or other legal forum. Legal Malpractice is a special sort of case which is not the same as any other kind of negligence case. Michigan statutes and case law differ from other states in that Michigan has a cap on the amount of damages that can be recovered, a special notice requirement, and a exercise of "discretion" by judges to grant or deny fees on a case by case basis.
As an example of a legal malpractice incident:
In Representing a Client in a Michigan No Fault Case, a plaintiff lawyer neglects to file a timely Complaint. The client ends up in the hospital and needs medical treatment, and sues the automobile manufacturer. In Michigan there is no liability without injury. The lawyer fails to file the Complaint within the time allowed under Michigan’s statute of limitations. The client is never able to file a suit against the car manufacturer. In this case the plaintiff could go after the attorney for malpractice.
In Representing a Party in a Divorce Case , a divorce lawyer might neglect to seek temporary custody of children and the house. The other side with the help of another lawyer quickly gets orders in place giving the house and kids to him. The lawyer for the mother doesn’t send out the divorce papers for months, and the land in essentially gone.
In Representing a Party While Serving as an Expert Witness. A wrongful termination expert supplying an opinion to the party that was terminated as well as serving as an expert for another suing the same defendant. When it becomes public that the two persons are working together the notion of "advancement in occupation" will be lost.
In representing insurers under Coblentz in recovering amounts mistakenly paid-or improperly paid to non covered insureds. This causes them a loss and puts them in the middle of separate litigation in which they are not previously a party.

Identifying When You Need a Legal Malpractice Attorney

The signs that you may need a legal malpractice lawyer in Michigan
The following are some of the signs that a client may be "entitled" to a recovery for a failed case that their attorney worked on. This is just the beginning of looking into what happened. There are many other factual scenarios.

There was a failure to reveal a conflict of interest, whether it was real or implied.
There was negligence, such as the failure to file a case before the Statute of Limitations elapsed.
The attorney failed to communicate with you, didn’t return a call, failed to meet a promise to call you back within 24 hours; neglected to forward pleadings to you.
Your attorney failed to adequately prepare for a deposition, and your testimony suffered as a result.
Your attorney takes the case to trial but doesn’t do any of the necessary homework.
If there was money involved, your lawyer stole or embezzled it, or warranted that the money was there when it wasn’t.
You were advised to sign something and weren’t given a copy, or told that it was "no big deal".
Your lawyer becomes friendly with the other side and betrays you (not a good sign).

Selecting a Michigan Legal Malpractice Attorney

There are a number of criteria that someone seeking a legal malpractice lawyer in Michigan should look for. For instance the lawyer should have experience in handling legal malpractice cases. The lawyer should also have handled cases against attorneys in the underlying client case. The lawyer should be somewhat familiar with the underlying legal areas, but it is not an absolute. Sometimes the more knowledge the legal malpractice attorney has in the underlying area of law the easier it is for the attorney to convey the issues and its importance to a jury. On the other hand, sometimes, extensive knowledge creates an expectation in the minds of the attorney or the client that can sometimes be unrealistic for a jury in comparison to a legal malpractice lawyer who is a newer practitioner and has less exacting knowledge of the area. Legal malpractice lawyers who have handled Detroit No-Fault Insurance Law cases may be more suited to handle legal malpractice cases involving that area. Lawyers with experience in Family Law may be suited to handle legal malpractice law in Family Court issues. From that perspective choose a legal malpractice lawyer who has experience in the underlying area and can comfortably convey his experience without appearing condescending or overbearing.

The Process of a Michigan Legal Malpractice Lawsuit

The first step in the legal malpractice claim process in Michigan is similar to that in many other states — you need to find an experienced legal malpractice attorney. The best way for you to do that is to simply research experienced local practitioners, perhaps using the Internet, such as this website, or by asking other lawyers whom you trust or legal organizations for a very short list of lawyers who might be able to help you.
In general, Michigan law requires that you provide your former attorney with notice of the claim prior to filing a complaint in the court. This notice must be sent to the attorney at least 6 months prior to the filing of the legal malpractice complaint. If you do not send this notice, your legal malpractice attorney must obtain the consent of the legal malpractice defendants to file suit on your behalf or the Court may dismiss your legal malpractice complaint. The notice must be very specific regarding the actions that are claimed to deviate from the standard of care and the alleged damages.
Michigan law also has some specific requirements prior to filing a suit in a legal malpractice action. For example, you must file an Affidavit of Merit with the Complaint. This Affidavit of Merit must be signed by an expert who has the appropriate qualifications to be a witness in your legal malpractice action. This expert must testify he or she personally reviewed all of the records pertinent to the legal malpractice action , that he/she is sufficiently familiar with the facts of the case, and that after reviewing all the relevant facts, it is his/her opinion that the attorney failed to meet the requisite standard of care. In addition, the Affidavit of Merit must attach a report outlining all of the alleged breaches of the attorneys who will be sued and how the breaches caused your damages, if proven.
In Michigan, you can recover losses from legal malpractice that are the direct result of the misconduct of your lawyer. Such losses can include lost property, lost money, lost rights, lost opportunities or even lost freedom. In the event that you can prove damages were suffered as a result of the negligence of your lawyer, then you can expect the Court to consider making you whole by compensating you for those damages.
Each state has its own procedures and requirements for handling legal malpractice claims. However, many general characteristics are common to most legal malpractice claims, including the ones filed in Michigan. The most common denominator in all legal malpractice claims is that the lawyer had a duty to protect you from any damages and simply violated that duty. The first step toward recovering from those damages is finding the right lawyer to address your situation.

Injuries and Remedies for Legal Malpractice in Michigan

In the vast majority of legal malpractice cases, as with other lawsuits, the Client who was ‘damaged’ by the attorney, would be given a money judgment for the damages suffered. Although this seems like a fairly straight forward proposition, there is much more to it in the legal malpractice arena. Any outcome may result in additional litigation and argument as to the amount and even in some instances, what types of damages are recoverable and enforceable.
For example, if the Plaintiff Client was awarded $50,000.00 damages for medical costs and lost wages due to a defendant’s negligence, in the underlying matter, but the Court gave a verdict or award, reducing the Plaintiff’s damages to $25,000.00, how should that impact damages in the legal malpractice case against the attorney who ‘abandoned’ the client’s interests in the underlying case?
Another possible scenario involves the type of underlying matter involved. So, for example, if the underlying issue was a personal injury case, and the Plaintiff suffered bodily injuries, the Plaintiff would likely have received from the jury or the Court, an award of non-economic damages for suffering and pain. In the case of the legal malpractice against the attorney, the recovery from the attorney would be the money that the attorney caused the Plaintiff Client to lose, in addition to any emotional and psychological impact caused by the legal malpractice.

Legal Malpractice Questions and Answers in Michigan

Clients often have a number of questions when it comes to legal malpractice cases in Michigan. Below are some of the more common concerns among clients.
How long is the statute of limitations?
There are multiple statutes of limitations that apply to legal malpractice cases, depending on the handling of the matter or the damages suffered. In certain cases, it is one year from the date that the malpractice occurred (the "discovery rule" under MCL 600.5805); in others, it is only six months. If you think you might have a legal malpractice case, you should consult with an attorney immediately to determine whether your claim is barred by the statute of limitations.
What will it cost to pursue a legal malpractice case?
In a legal malpractice case, most attorneys will front the costs of expert witnesses, court fees, and other expenses, and proceed with the case on a contingent fee basis . A contingency fee is a percentage of the ultimate recovery in the case. In Michigan, the standard fee in a legal malpractice case is 33.3%.
Will my case be given the attention it deserves?
Unfortunately, due to the growing caseload of state and federal courts across Michigan, the answer is often no. However, at our firm, we understand the level of devastation that can occur to someone who has been subjected to legal malpractice and we do everything we can to ensure that your case gets the attention it deserves. We take all of our cases seriously and take pride in the success we have achieved in the past.
How do I verify that my attorney’s credentials are legitimate?
The easiest way to do this is to conduct a search on the State Bar of Michigan website or the National Association of Bar Counsel website. Both are very user-friendly and allow you to search by name, type of license, and jurisdiction.