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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15817
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Dear Attorney: In a years long situation with an attorney that

Customer Question

Dear Attorney: In a years long situation with an attorney that ended with my having no choice but to terminate him for complete lack of progress [and even losing two surgical experts due to his ignoring them] I rehired two nice gentleman who did all they could but were not able to overcome all he "did and didn't Do'. We lost a million dollar case [I am an RN and this was economic loss only]. There were approximately 18 significant issues in my time with the first attorney that showed his complete inattention to his contract with me. FYI, my husband is also in orthpedics and he put his career her on the line to assist me in obtaining justice.
I have been told to place a bar complaint, and plan to do so. Any thoughts would be appreciated. I must also add that I just discovered [at the trial] that there was not a CONSENT for the surgery that the surgeon did, that the first atty missed. Thanks, Mrs.C.McKrell
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Mrs. McKrell, good morning. Let me first start by saying I am sorry what you had to deal with and what you are currently going through now. The filing of a bar complaint is a fairly easy process and once it is done, the attorneys conduct will be investigated. Here is a link with the information that you will need to proceed.

http://www.padisciplinaryboard.org/consumers/

In addition, it is in your best interest to consult with an attorney who handle legal malpractice cases, as you may have a valid claim to file against the first attorney and could recover for damages.The elements of a legal malpractice claim are:

1. The employment of the attorney or other basis for duty;
2. Failure of the attorney to exercise ordinary skill and knowledge;
3. That such failure to exercise ordinary skill and knowledge was the proximate cause of damage to the Plaintiff. Rizzo v. Haines, 520 Pa. 484, 499, 555 A.2d 58, 65 (1985), Hughes v. Consol-Pennsylvania Coal Company, 945 F.2d 594, 616-17 (3d Cir. 1991), cert denied, 112 S.Ct.
2300. (1992).

An essential element to this cause of action is proof of actual loss rather than a breach of a professional duty causing only nominal damages, speculative harm or the threat of future harm. Rizzo, 520 Pa. at 504-505, 555 A.2d at 68. Damages are considered remote or speculative only if there is uncertainty concerning the identification of the existence of damages rather than the ability to precisely calculate the amount or value of damages. Ibid. In essence, "a legal
malpractice action in Pennsylvania requires the plaintiff to prove that he had a viable cause of action against the party he wished to sue in the underlying case and that the attorney he hired was
negligent in prosecuting or defending that underlying case (often referred to as proving a ‘case within a case’)." Kituskie v. Corbman, 552 Pa. 275, 281, 714 A. 2d 1027 (1998).

As such, based on the facts, if you can meet these elements and show damages, you could have a chance to recover. The attorney would need to look into the facts and there are also conditions precedent which need to be followed, prior to filing such a cause of action against the attorney. It does sound as though you have a valid claim, so it is best to have it investigated immediately, before any time is lost.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

Dear Sir: I have spoken to a few attorneys in this field. A few that do Legal malpractice for attorneys felt I had valid claims that would likely settle.


 


A few that did this for plaintiffs didn't want my case due to it being "uncertain" that we could prove I would have lost because of his actions. My 18 complaint document shows some real negligence, and the attorneys who read it were horrifed by his actions. [I should add I learned that he had been quite ill with surgeries and a divorce during my representation, but I didn't know that at the time, or would have been kinder in even waiting longer].


 


Unless you can tell me someone you would suggest I call [and I have looked online, etc, and distance from Erie also seems to be an issue] I seem to have no choice but to place a bar complaint, however, this gives no financial compensation to a million dollar salary loss. Thanks, XXXXX XXXXX(NNN) NNN-NNNN cell

Expert:  LegalKnowledge replied 1 year ago.
The Bar Complaint and the lawsuit for damages are two separate issues. You can do both. The Bar is going to take disciplinary action against the attorney. They are not in a position to help recover damages on your behalf. For that, you would have to file a lawsuit against him. In an ideal situation, the case would be taken on a contingency basis, which would allow you to not have any out of pocket expenses. However, if you can not find an attorney to take the case on that basis, you would have to decide if the cost to litigate the matter allows for a chance of recovery. The Bar will discipline the attorney if there is a basis to do so, so you would have some relief, in that sense. However, the issue of money is just as important, so it needs to be determined if it is worth investing and the chance of recovery.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15817
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 7 other Legal Specialists are ready to help you
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

Dear Attorney, Although I have spoken to a few "bar associations" referral lines, this generally has not been given to assist in truly understanding either the competence or whether the atty does Legal Malpractice work for the plaintiff [most of these firms deal with the attorneys or professionals themselves] Can you possibly give me a good name, I would deeply appreciate it. My husband and i are very disheartened by what was done to both from our own attorney, as well as the surgeon. Thanks, Carla M

Expert:  LegalKnowledge replied 1 year ago.
I understand how hard this can be. The site does not allow us to provide specific referrals but I think you should consider using both www.martindale.com or www.lawyers.com who can provide you with reviews and names of attorneys who may be better equipped to handle the matter.
Customer: replied 1 year ago.

Hello, sir. I feel a bit apprehensive filling in the "ratings", only because the disclaimer said that each time I fill in, that I am charged. I wasn't sure if that meant another $60 each time I evaluated your answer, so called but they said that wasn't the case. Still, the disclaimer pops up. I did order a form to file this complaint on the attorney.


I have never been so disappointed in my life as with this case with this attorney. I don't know that I can make enough of a certain case for certain to go through so many painful more years.


Thank you for your advice!!! Carla M.McKrell [my husband is an orthopedic Dr. as well, and he is saddened by not only the atty but the surgeon who errored. ]

Expert:  LegalKnowledge replied 1 year ago.
You are welcome. You do not need to rate me again. You did so once and I received credit for my answer. Thank you and good luck.

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