Legal Malpractice

Sometimes the law surrounding a certain legal issue may be uncertain or there may be a split of authority among the courts regarding its meaning or enforceability.  If an attorney makes a decision based on his or her understanding of the unsettled question of law or what the attorney thinks is the correct interpretation, the…

In a legal malpractice action, the client must show that his or her attorney breached a duty that was owed to the client.  In determining whether an attorney breached a duty, the client must show that the attorney failed to exercise the ordinary care, skill, expertise, and diligence which is commonly possessed and exercised by…

In the case of Gibson v. Trant, 58 S.W.3d 103 (2001), the Supreme Court in Tennessee held that post-conviction relief is required to maintain a criminal legal malpractice action. In Gibson, Johnie Gibson was charged with committing several drug related offenses.  Gibson hired two attorneys, and the attorneys asked Gibson to persuade the other co-defendants…

Even if an attorney is still representing a client in the underlying legal action, a client must bring a legal malpractice claim within the one year statute of limitations if they know, or should reasonably know, facts putting the client on notice that the attorney committed some type of error or malpractice that damaged the…

A legal malpractice action must be both filed and served, even if the underlying lawsuit is still pending, or the legal malpractice action may be dismissed, as demonstrated in the case of Jones v. Cox, 316 S.W.3d 616 (Tenn. Ct. App. 2008). In Jones, Ms. Jones was injured in an automobile accident.  Ms. Jones hired…