You know those law firms, the ones that advertise on TV every morning – the ones that brag about their toughness, their winning record, and all their success.

What happens if you call their number and they tell you that they are not interested in your case? This is usually because your case is difficult and they are not interested in cases that have to go to court. These TV law firms are looking for simple cases that they can quickly settle.

The Meehan Law Firm specializes in all kinds of injury cases, including workers compensation, motor vehicle accidents, motorcycle accidents, drunk driving accidents, defective products, work injuries and dangerous and defective real estate.

We have over 28 years of experience in Missouri and Illinois courts, and we are often the lawyer of last resort. The Meehan Law Firm has won hundreds of thousands of dollars in verdicts and settlements on cases that were rejected by other lawyers or dropped when the going got tough. Don’t be fooled by slick TV advertising. If you need help, come to real trial lawyers at The Meehan Law Firm.

Notwithstanding the reversal of the sanctions order, the Office of the Chief Disciplinary Counsel, the disciplinary arm of the Supreme Court, opened its own investigation into the e-mail charges as well as several other complaints against the Hais Law firm.  The case gained notoriety because the Office of the Chief Disciplinary Counsel attempted to conduct the hearing in secret, but Missouri Lawyer’s Weekly filed a motion with the Supreme Court of Missouri and successfully gained access to the rescheduled hearing.  The matter has yet to be decided.

The Office of Chief Disciplinary Counsel is the organization sanctioned by the Supreme Court to regulate the discipline and conduct of attorneys.  They investigate many situations such as complaints about lawyers’ lack of diligence, lawyers’ mishandling of client funds and lawyers’ candor with the court system.  Disciplinary proceedings are now open to the public and if an Information is filed against an attorney, they can face reprimand, suspension or, ultimately, disbarment.

If you think you have been harmed by an attorney that you hired in the past, please contact The Meehan Law Firm and we can discuss your options.

An example cited to the Meehan Law Firm has been legal bills in excess of Twenty-Five Thousand Dollars ($25,000.00) for simple divorces that do not require extensive discovery.

In these cases, the divorce clients have been charged over Twenty-Five Thousand Dollars ($25,000.00) to investigate simple cases that do not involve complex legal issues, business valuation, or any other extensive litigation. Instead, the charges typically go for reviewing the file and ordering documents that do not ordinarily need to be ordered.

If you think you have been victimized by an evergreen retainer arrangement and been overbilled by an attorney, please contact the Meehan Law Firm.

Most of the TV advertising lawyers use a telephone screening process to evaluate your claim and decide whether they are even interested. Most of these law firms are cherry pickers and are looking for the easiest cases that they can settle quickly, and with little effort. If you decide to hire them, you will likely never meet with a lawyer and all of your dealings will be through a paralegal, which is just a specially trained secretary. If the law firm cannot settle the case, they will either farm the case out to another lawyer that does know how to try a case, or they will give you back your file. Is this the kind of lawyer you want to hire?

Choosing an attorney is probably one of the most important things that a person in peril will do. You want to be comfortable with the lawyer and make sure you have a good personal rapport. Lawyers like the Meehan Law Firm insist that we meet with every client personally, and make sure that we can take care of their personal needs. We have over twenty-seven (27) years of experience in Eastern Missouri and Southern Illinois courts. We know the judges, the opposing lawyers, and the insurance companies that practice in this area. If you have a serious injury claim, legal malpractice claim, or workers’ compensation claim, please consider the Meehan Law Firm as we are the Real McCoy.

There are several disadvantages to taking your own case to small claims court:

Limited Damages Awarded: Small claims court limit’s the amount you can collect  to $3,000 in Missouri and $10,000 in Illinois. If you are owed more than these amounts, the only way to collect that much is to hire an attorney to file a legal malpractice lawsuit against your former lawyer.

Skills: when representing yourself, you must arrange for all documents to be served to the defendants, plan your own strategy and be prepared to present your arguments publicly. These steps can be challenging for someone who does not have experience in legal representation. An attorney who is experienced in legal malpractice cases will know the best approach to take in your individual case.

Difficulty Collecting: Even if you do win a small claims court case against your attorney, it can be very difficult to collect unless you file additional documents for a lien or garnishment. A legal malpractice attorney can assist with the process of debt collection from your former attorney.

If you feel your attorney is guilty of legal malpractice, you have options. Don’t go up against your former attorney without an experienced legal malpractice attorney on your side.

Legal malpractice cases are one of the Meehan Law Firm‘s areas of expertise. If you feel you have been wronged by past legal counsel and would like a consultation on the case, contact us today at (314) 725-9994. At the Meehan Law Firm, your consultation is free.

http://public.findlaw.com/library/legal-system/small-business-claims.html

http://www.nolo.com/legal-encyclopedia/missouri-small-claims-court-31863.html

http://www.nolo.com/legal-encyclopedia/illinois-small-claims-court-31814.html

http://www.nolo.com/legal-encyclopedia/small-claims-court-business-disputes-29568.html

http://www.ehow.com/info_8312379_can-court-says-win-case.html

• Attorney-Client Relationship. This simply means your attorney owes a professional duty to you, the client.
• Attorney Carelessness. Your attorney failed to provide ordinary service that met recognized standards of practice and ethics. This is difficult to prove in court and often requires written or verbal testimony from an objective, knowledgeable third party.
• Attorney Directly Caused Harm. Your attorney’s carelessness caused you to lose an otherwise winnable case. In other words, you must prove that your case was solid enough to win had your lawyer provided ordinary service.
• Attorney’s Mistake Caused Financial Harm.

Should I sue My Attorney for Malpractice?
Before pursuing a lawsuit against your attorney, consider the following questions:

1. Do I have a good case against my attorney? In order to win a case, you should meet all of the above criteria.

2. Is there any satisfactory alternative to a lawsuit? Lawsuits can be expensive and time-consuming. Before taking your lawyer to court, you may want to pursue other options, including:
-Settling out of court by reaching a direct compromise with your lawyer
-Hiring a mediator (a professional third party) to settle the dispute
-Seeking arbitration, a less formal process to settle without a lawsuit

3. If I win the case, will it be possible to collect damages? Most lawyers and law firms have some form of malpractice or liability insurance. In these cases, collecting damages shouldn’t be a problem. If, on the other hand, your lawyer does not seem to be financially solvent, there is no way to collect the money owed to you.

If you answered yes to all of the above questions, you should consider filing a lawsuit against your former attorney. Legal malpractice is an area of expertise for the Meehan Law Firm. To review all of your options and receive a free consultation, contact the Meehan Law Firm today.

http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter2-8.html

http://www.nolo.com/legal-encyclopedia/when-should-you-sue-29900.html

http://meehanlawfirm.com/legal-malpractice.html

Fiduciary obligation (or fiduciary duty) arises when there is a certain trust in an attorney to act on behalf of the client and to act as though it were benefiting the attorney (fiduciary) personally.  Assets don’t necessarily have to be money, and might be property, real estate or anything else worth money.  Often, if an attorney acting as a fiduciary is involved, the courts might scrutinize the records of transactions to make sure each one is handled with honesty.

A lawyer should be able to provide the best services possible and must practice the highest standards of integrity. As long as the attorney is qualified to handle the case for which he or she is hired, fiduciary responsibility should not be a problem.

However, if an attorney mishandles a client’s finances through negligence or neglect, this is considered a form of legal malpractice. If the attorney handles a client’s finances dishonestly, this is not only legal malpractice, but it is also criminal theft.

As you can tell from this recent article in the St. Louis Post-Dispatch, a trusted attorney stole money from his own clients.  This is one example of why it is extremely important to choose your attorney wisely.  Even experienced professionals can be dishonest.

According to the article, “A disbarred lawyer who once had an office in Brentwood pleaded guilty to two federal mail fraud charges Wednesday and admitted stealing more than $300,000 from clients. Steven P. Gartenberg was appointed guardian of a St. Louis County woman who was incapable of handling her own finances. Two years later, he was removed and later accused of making more than $200,000 in unapproved withdrawals.”

This particular instance illustrates an extreme case of breach of fiduciary responsibility. In this particular case, Gartenberg faces prison time and must repay the damages. However, if you suspect your attorney of mishandling your finances, you have options.

The best course of action is to find an attorney who specializes in legal malpractice. Your legal malpractice attorney will be able to analyze your case to determine what recourse you may have. You may be entitled to settlement damages.

The Meehan Law Firm is one of a select few firms in St. Louis that takes on legal malpractice cases. Our client list ranges from individuals who have lost their civil litigation or personal injury cases because of their lawyer’s carelessness or mismanagement, to the corporations whose in-house counsel did not or does not represent the best interests and wishes of the company.

For more information about your options in a case of legal malpractice in St. Louis, Springfield, Branson, Cape Girardeau, Mexico, Jefferson City or Illinois, contact an attorney at the Meehan Law Firm for a free consultation.

Sources:

http://definitions.uslegal.com/b/breach-of-fiduciary-duty

http://legal-dictionary.thefreedictionary.com/Breach+of+fiduciary+responsibility

http://www.stltoday.com/news/local/crime-and-courts/article_a0ad24f8-91e9-11e0-9d5f-0019bb30f31a.html

It is difficult to win a legal malpractice lawsuit. A client will need to establish several factors in order to prevail. The most common type of legal malpractice occurs because of negligence, the breach of a fiduciary duty, or a breach of contract.

Learn more by reading: Legal Malpractice Lawsuit FAQs – FindLaw.

Correspondence: What Are My Lawyer’s Duties to Me? 

Lawyers handle many cases at a time, and the speed of replies isn’t always an indicator of a lawyer’s skill. In general, your lawyers should provide you with an explanation and overview or your legal problem, obstacles you will likely face, how he will handle your case and the timeline of his actions. Clients often feel neglected if their lawyers fail to do any of the above.

What Can I Do If My Lawyer Doesn’t Return My Calls?

• Send a formal letter. If your lawyer fails to return several phone calls, send a courteous yet firm letter. Don’t threaten malpractice yet – this will only aggravate the situation. Instead, state politely and concisely that you’ve been trying to contact him and would like a response to your questions. With this letter, you are establishing a record of your communication attempts – which you may need if you decide to pursue a legal malpractice case.
• Seek mediation. Before your fire your attorney, consider hiring a third party to mediate your problems. This is often quicker, easier and less costly than finding a new attorney.
• Fire your attorney. If communication and mediation fails, it may be time to find a new attorney. Beware – you may still be billed by your current attorney for past work.
• File a complaint. Your lawyer may be guilty of abandoning a client, an ethical violation decided by the state bar association. Unfortunately, filing a complaint is a time consuming process and may not help your current case.
• Consider pursuing a legal malpractice case.

Pursuing Legal Malpractice
The longer your attorney goes without corresponding with you, the more likely you are to have a legal malpractice case. Failing to return your phone calls doesn’t necessarily make your lawyer guilty of malpractice.

In order to prove malpractice, you must show your attorney made mistakes that no reasonable lawyer would make, and those mistakes affected the outcome of your case and caused you financial loss. If you think you may be a victim of legal malpractice, read Meehan Law Firm’s guide to malpractice cases and consult Meehan Law Firm’s legal malpractice team for a free consultation.

Sources:

http://www.nolo.com/legal-encyclopedia/expectations-for-lawyer-attorney-29876.html

http://www.nolo.com/legal-encyclopedia/problems-with-lawyer-tips-strategies-29925.html

http://public.findlaw.com/library/hiring-lawyer/lawyer-malpractice-basics-faq.html

http://legal-malpractice.lawyers.com/Legal-Malpractice-FAQ.html#7

http://public.findlaw.com/litigation_appeals/when-mad-at-lawyer.html