Legal Malpractice

            Attorneys and Law Firms usually have malpractice insurance coverage for claims that they are negligent in their representation of a client or clients.  As a principle of law, a jury will not be told during trial that insurance coverage exists in legal malpractice lawsuits and most other cases.

            The following actions or inaction by an attorney may lead to a valid legal malpractice case or other claim against ones attorney:

Letting the statute of limitations expire before filing the complaint with the proper court or otherwise missing an important deadline;

Failure to preserve all of the client’s claims;

Failure to preserve a defense or defenses;

Charging excessive fees.  For example, in Nevada there are limits to what an attorney can collect as a contingency fee in a medical malpractice case.  An attorney cannot collect a medical malpractice contingency fee greater than 25% for the portion of a settlement or verdict that exceeds $100,000.  Furthermore, an attorney cannot collect a medical malpractice contingency fee greater than 15% for the portion of a settlement or verdict that exceeds $600,000;

Negligence in handling a case;

Fraudulent conduct;

Concealing mistakes from client;

Violating ethical duties; and

Other incompetence.

            In addition to establishing that an attorney was negligent, the client must prove that the attorney’s negligence was the cause of damages to the client.

            As with all cases, there are time limitations on when you must file a legal malpractice lawsuit by without waiving your rights permanently.  Anyone considering asserting his or her rights against any person or organization should promptly contact my office to discuss the merits of the case and the deadlines for filing, or risk losing his or her rights entirely.

Law Office of Vernon L. Bailey

(702) 877-6444

8430 W. Lake Mead Blvd.

Suite 100

Las Vegas, NV  89128