Although it is fortunately uncommon, attorneys have been known to make mistakes that harm their client’s chances of a successful recovery. Whether the lawyer has a conflict of interest that makes it impossible for them to advocate for a client in good faith or a case is abruptly abandoned, the impact on a paying client can be astronomical. The following five cases are examples of when a lawyer was successfully sued for legal malpractice.
- Hicks v. Clayton (Fiduciary Breach): Many states have rules forbidding lawyers from doing business with or accepting a loan from a client, unless: the transaction is objectively fair, the client gives informed consent in writing, and the client is given a fair chance to consult with an unbiased attorney. In Hicks v. Clayton, Clayton had performed legal services for Hicks in the past. Despite this, Clayton purchased a house from Hicks. The two later had a falling out and Clayton was sued for fiduciary breach. The court ruled in favor of Hicks.
- Kelley v. Buckley (Conflict of Interest): Attorney Buckley helped a married couple, surname Kelley, with legal matters over the duration of many years. When Mr. Kelley passed away, Buckley began representing the deceased’s business partner in settling Mrs. Kelley’s share of the business. Simultaneously, Buckley assured Mrs. Kelley that he would act in her best interests, while secretly prioritizing the needs of the business partner. The attorney was successfully sued for fiduciary breach.
- Perez v. Kirk & Carrigan (Conflict of Interest): Mr. Perez crashed a Coca Cola truck into a school bus full of children, resulting in twenty-one fatalities. Attorney Kirk was hired to defend Mr. Perez. He met with the defendant to interview him and took a confidential statement, which was promptly turned over to the District Attorney. Kirk then filed criminal charges against Mr. Perez, using the information he gained the interview. The Texas Court of Appeals determined that Kirk’s initial actions definitely resulted in an implied attorney-client relationship.
- Madden v. Aldrich (Negligent Supervision): Junior attorney Humphrey was under the supervision of senior attorney Madden. Madden was told by numerous clients that Humphrey fraudulently accepted money from them in return for helping them adopt a baby, then cut off contact. Madden did not act on this information. One of the families that was scammed by Humphrey sued. Humphrey absconded and Madden was sued in his stead. The Arkansas Supreme Court held that the lawsuit against Madden could proceed, as he clearly knew of Humphrey’s actions and failed to stop them.
- Day v. Rosenthal (Intentional Acts): Attorney Rosenthal was found to have stolen money from his client, actress Doris Day, and lied about his actions for years. A judgement against Rosenthal found him guilty of fraud and abuse of process, legal malpractice, and break of fiduciary duty. Day was awarded $26,396,511 at the end of the case, including $1 million in punitive damages.
What to Do if You’re the Victim of Legal Malpractice
If an attorney fails to adequately perform their duties to you, you may have a case for legal malpractice. It’s best to speak with a legal malpractice lawyer in your area, so they can determine whether you have the basis for a successful injury lawsuit.
Source cited: https://www.lanceentrekin.com/examples-of-legal-malpractice-cases/