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.
Good evening. I certainly understand the situation and your concern. What you described above is a situation that MAY lead to a possible malpractice claim. In order to prove the lawyer is liable for the malpractice and damage in your case, you would need to prove one of the three major theories of liability: negligence (literally malpractice, missing an important statute that could play a major role in the client’s case), breach of fiduciary duty
(fiduciary duty is a duty when a client entrusts something to the renderer of the services, such as money given to the broker as an investment), breach of contract
(an interruption of contract
for various reasons).
To prevail in a legal malpractice claim in Kentucky, you must prove:
that an attorney-client relationship existed,
that the attorney deviated from the applicable standard of care (what a reasonable and competent attorney would do under the same circumstances), and
that such deviation caused you financial harm.
As such, it is possible that at this point you could fire your attorney and retain new counsel, who you think will move the case along and act in your best interest and file a complaint with the Bar, at the same time. If the attorney is not acting professional, find new counsel. You dont have to settle and work with someone who does not have your best interest at heart. Dragging his feet and having to always remind him to do things, it not necessarily malpractice at this point. It is what could possible result from his actions, that could give you the claim.
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