Choosing Washington State Legal Malpractice Counsel: An All-Inclusive Guide
Legal Malpractice 101
Legal malpractice occurs when an attorney fails to perform at the minimum level of competency, resulting in damage to their client. The client may be harmed by the attorney’s action or omission in a number of ways, such as financial loss or a denied opportunity to present a case. However, not all mistakes made by a lawyer are grounds for a legal malpractice claim, as judges understand that lawyers are not perfect and make mistakes at times. In Washington, judges generally only hold lawyers responsible when those mistakes are so bad that the law perceives that the client deserves to be compensated.
That said, common scenarios involve a lawyer not preparing properly for a trial or missing the required court dates at which a judge may have granted a requested action. Legal cases can be rather complex and require the attorney to have been practicing in the industry for years in order to become aware of all the nuances and be able to represent the client with competency. When the attorney makes mistakes, the client may be denied a good outcome. In short, the client has the right to expect the lawyer to have knowledge pertinent to their case, to prepare appropriately given the relevant facts, to meet important deadlines, and to meet the applicable bar’s standard of care for the area in which they are practicing .
As an example, a lawyer may have missed a deadline for filing a client’s claim. Just because the lawyer faced circumstances outside of their control that resulted in them failing to meet the deadline (e.g. medical emergency, natural disaster, etc.) doesn’t mean the lawyer is automatically off the hook if they could have been more diligent in their practice of law. The same is true if the lawyer misapplied the statute of limitations to their client’s case and there was a subsequent loss of an opportunity to file a claim.
Many people don’t realize that such scenarios occur on a daily basis in Washington State and that they can file a legal malpractice claim and seek compensation from the negligent attorney if their case law fails to adhere to the rules of law. It’s important to remember that successful legal malpractice claims do not only occur when a lawyer has grossly mishandled a case. It’s also useful to note that juries in Washington and most states presume harm if it’s shown that the legal counsel didn’t follow the applicable standard of care.
Why Get a Legal Malpractice Attorney?
As your case develops, you’ll likely find yourself confronted with an array of confusing and frustrating troubles. Burdens that were once the responsibility of your former lawyer are now placed squarely on your shoulders. You may now be forced to handle administrative concerns with the Washington State Bar Association — mediation, conferences, negotiations and ultimately legal proceedings.
Legal malpractice claims in Washington involve a number of complicated factors, all of which must be mastered quickly when formulating an approach to your case. This is why it’s so important to work with an attorney experienced in legal malpractice claims. Qualified legal malpractice lawyers in Washington have a clear understanding of the region’s statutes and procedures, and can help determine the best course of action moving forward. An attorney can help you decide whether or not to pursue your matter through a civil suit; if this is the case, your lawyer will be by your side throughout the entire process — from filing a claim through the eventual closing of your case.
Your Washington legal malpractice attorney will also help foster communications with the Washington State Bar Association. The nature of legal malpractice claims often makes it difficult to approach the WSBA through a traditional mediation effort. Your lawyer will handle these interactions on your behalf, ensuring a smoother process and less hassle on your part.
Above all else, a legal malpractice lawyer in Washington will help provide peace of mind. Claimants in legal malpractice cases are often required to provide in-depth documentation regarding the competency of their previous lawyer, creating another daunting administrative burden. Washington legal malpractice attorneys can help replace these dizzying claims processes with clarity, ensuring you stay on the path towards an effective resolution.
Attributes of the Best Legal Malpractice Attorneys
When it comes to choosing a top legal malpractice attorney in Washington State, there are several key qualifications and qualities that any potential client should look for. First and foremost, an experienced legal malpractice attorney should have a proven track record of handling similar cases and achieving positive results. This involves not only years of practice but also familiarity with Washington State’s unique laws and regulations pertaining to the legal profession.
Experience as a litigator is invaluable, as most legal malpractice cases may end up in arbitration or on appeal. A legal malpractice attorney should be skilled in both alternative dispute resolution and traditional litigation. He or she should also have experience dealing with the Washington State Bar Association, which governs attorney conduct, and the Washington State Supreme Court, which hears appeals of civil malpractice cases.
Another important quality to look for in a Washington State legal malpractice attorney is specialization. Not all personal injury attorneys are equipped to handle legal malpractice cases. Ideally, the attorney should specialize in these kinds of cases, so that he or she is familiar with the complex legal issues at hand. Quality experience at a large local law firm can also be an asset, as the attorney will likely have had access to additional resources that can benefit his or her legal malpractice clients.
The legal malpractice attorney should also have a proven track record of holding negligent attorneys accountable for their actions. Employer malpractice is a serious and complex allegation, and seeking compensation for emotional distress on top of this makes it all the more difficult. As a result, the attorney should prioritize your case and be ready to stand by you until the end, whether that means settling with a negligent party or going to trial.
The Legal Malpractice Allegation Process
In Washington State, the time limit for a legal malpractice claim is three years, and the clock usually starts running once you know or should have known of the injury and that it was caused by your attorney’s negligence. It may be that the injured party incurs a loss as the result of an attorney’s negligence but there is no cause of action, because the alleged negligent acts did not cause the loss. A typical example includes the failure to bring an action before the statute of limitations had run. When the attorney’s negligence consists of the lawyer’s failure to file a lawsuit, and the plaintiff’s claim is subsequently barred by the statute of limitations, but the plaintiff could have prevailed in the suit had the attorney not failed to file it, the former client may sue his or her lawyer for legal malpractice.
The pre-suit requirements prior to filing a legal malpractice claim are also important. A party suing for legal malpractice in Washington must first consult with another attorney who specializes in the original claim area. The duty of this attorney is to determine if another attorney would have achieved a different result. Additionally, the second attorney is required to provide a written statement to the former client, stating that the original attorney’s performance was inadequate, that the second attorney will file an affidavit supporting the former client’s claim, and that the second attorney is willing to testify on behalf of the former client if the matter goes to trial. The second attorney also has to file an Affidavit of Pre-Suit Consultation in court, which states that the statement has been provided to the plaintiff.
If your claim is dismissed because of the statute of limitation, you may be able to commence a new suit. Pursuant to RCW 4.16.170, if all of the following is true, then the statute of limitation on the new claim commences only after discovery of new facts:
- The plaintiff lacked legal capacity at the time the new claim arose;
- It was impossible for the plaintiff to have timely brought the new suit; and
- The delay in bringing the new action was the result of the plaintiff’s continuous mental or physical condition.
Legal Malpractice Problems
Plaintiffs in legal malpractice cases face unique challenges when bringing claims against their prior legal counsel. These hurdles may be physical, emotional, or legal.
In Washington State, plaintiffs must show that the legal counsel erred, and that this has had an economic impact on the claim. The attorney’s conduct of the underlying matter must fall below the standard of care, meaning that the attorney failed to "exercise the knowledge, skill, and care possessed and exercised by other lawyers in like or similar circumstances." Johnson v. Harman, 69 Wn.2d 784, 787 (1966). This standard is evaluated with hindsight, rather than by the standard of care at the time of the representation, so courts have been clear that the proper inquiry is what a reasonable attorney would have done in the situation . The burden is on plaintiffs to prove, "by a preponderance of the evidence, that [the defendant attorney] failed to exercise the knowledge, skill, and care possessed and exercised by other lawyers in like or similar circumstances." Slusher v. Cronbaugh, 125 Wn.App. 708, 718 (2005). Plaintiffs face other challenges as well. For example, the emotional toll of losing a lawsuit may make it seem insurmountably burdensome to consider bringing a related legal malpractice claim, even if the legal and financial stakes are high. Plaintiffs must also withstand the effort of gathering extensive documentation to support their claims and prepare them for depositions.
Choosing the Right Lawyer for Your Case
We will talk briefly about the litigation procedure involved in a legal malpractice case some other time, but at this point we would like to consider, very briefly, the different procedural steps involved from the point of view of attorney fees, and how you might select the attorney who will handle your case.
In the normal litigation process, when an attorney agrees to represent a client, he or she enters into a retainer agreement with the client covering the following points:
• the attorney’s fee
• the attorney’s responsibility
• the extent of the services the attorney will be expected to provide
• who will actually be doing the work
• whether the attorney will accept an hourly fee, or a flat rate
• payment of court costs, and what they will amount to
• an estimated timeframe for the proceedings
• whether the fee is a flat fee or based on a percentage of any settlement or award that may be obtained
• whether the fee covers litigation, mediation, arbitration or all of the above
• payment of retainer, and what happens if that runs out before the case ends
It’s important that you and your attorney be clear on all the above before signing any agreement.
Your attorney must also be clear on your case, and what he or she can or cannot do to help you.
When selecting an attorney you should consider their experience, and whether their experience is relevant to your particular case. Some attorneys are experts in one area of law, while others claim expertise in all legal matters. An attorney with experience in a wide range of cases may not have the practical knowledge to help you with yours. An attorney whose specialty is solely in one field may not have the breadth of experience to consider out of the box solutions to your matter.
Also have a clear understanding of what you want to achieve with a case. If your goal is to obtain a financial settlement that may take years, discuss that with your prospective attorney. Make sure that he or she understands your goals, and agrees with you that they are reasonable and attainable. Also consider whether you think that the person you are talking to will be the person who actually handles the case.
While an attorney cannot guarantee to win every case, he or she can guarantee that they’ll do their best to help you. Consider their attitude in your first meeting. Did they seem to care about your situation? Were they interested in helping you achieve your goal? Was their fee structure acceptable to you? Some attorneys charge far more than others. Were their fees more competitive? These are questions that only you and your attorney can answer. Trust your gut when interviewing prospective attorneys. Feel free to ask them about litigation procedure, and make sure that they have a clear understanding of your grievances against your former attorney.
Consultation is usually free, so take advantage of it! While your new attorney should give you a good idea of what’s involved, they can’t give you specific legal advice until you agree to retain them. If you do not agree to hire them, they cannot give you specific legal advice about your case.
We hope that you find these tips for choosing a legal malpractice attorney in Washington State useful. Good luck in getting your case resolved successfully! As always, let us know if there’s anything we can help you with.
Legal Malpractice Attorney, in Conclusion
In sum, a legal malpractice attorney is an invaluable ally in pursuing justice and recovering losses . They understand the nuances of State laws, the high quality of the proof necessary to present a convincing case, and the procedures a plaintiff must utilize if they hope to collect. Finding the right attorney early in the case offers the best chances for recovery.