You hire a lawyer to represent you in good faith. You expect that he or she will act exclusively in your best interests and that the case will be handled professionally and with skill. Unfortunately this does not always happen – and when it doesn’t – you may find yourself wondering what went wrong. Are…
Read MoreYou hire an attorney, and you think your attorney will advocate for you and represent you to the best of his or her ability. In the beginning, everything goes smoothly. Then the calls get more and more infrequent. You suspect the attorney may have lied to you or not complied with your wishes. However, you…
Read MoreA Tennessee legal malpractice attorney must obviously evaluate whether or not legal malpractice occurred in deciding whether or not to pursue a legal malpractice case. However, there are other matters that must also be considered. For instance, the potential for recovery must be assessed. Some attorneys do not carry malpractice insurance. If the attorney is…
Read MoreSometimes 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…
Read MoreIn 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…
Read MoreIn 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…
Read MoreEven 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…
Read MoreA 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…
Read MoreWhen you’re on the property of a business or an individual, you expect to stay safe. But when the property owner’s negligence results in you unexpectedly suffering a severe injury, the consequences that follow can be difficult to take. Lost income, medical bills and increased stress are just a few of the problems you now…
Read MoreWhen you are seriously injured on someone else’s property in Tennessee, you may have a premises liability lawsuit . When you have determined that the landowner was negligent, decided to pursue the case, and found a good lawyer to represent you, you may have many questions about what will happen next. Here is an explanation…
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