Addressing Legal Malpractice Allegations In Alaska
When someone hires an attorney, this legal professional has an obligation to act appropriately and in their client’s best interests. They must also provide the high level of services that the client expects, while avoiding negligent mistakes and errors. When a client maintains that their lawyer did make avoidable mistakes or intentionally acted against their best interests, they may start a lawsuit alleging legal malpractice.
That is where Clapp, Peterson, Tiemessen, Thorsness LLC comes in. With offices in Fairbanks and Anchorage, our attorneys can help you explore your defense options if you have been accused of malpractice. We have more than 100 years of combined experience at our firm, and have received the highest possible rating from Martindale-Hubbell. Contact us today for a consultation.
Examples Of Potential Legal Malpractice
Legal malpractice can take many forms, often leading to significant consequences for clients and attorneys alike. Below are several examples of situations that may give rise to litigation in a legal malpractice claim:
- A conflict of interest
- Violation of a contract
- Violating attorney-client confidentiality
- Missing important deadlines
- Failing to file paperwork correctly
For example, many lawsuits have a statute of limitations, such as those for personal injury cases. If a lawyer gives their client the incorrect statute of limitations, and they then miss the deadline, the client may lose all ability to start a case. In most situations, they may blame the attorney for the error and launch a malpractice claim.
What Are Your Defense Options?
Working with an attorney experienced in handling legal malpractice claims in Alaska is important when facing a lawsuit to help ensure you have explored all your defense options. It will depend on the specifics of your case, but having a lawyer who has been through this many times before can be beneficial.
One possible defense may be to claim that the malpractice in question never happened. For example, some clients will simply be unhappy with the result of a case, claiming that they would have won if not for legal malpractice. Demonstrating that no wrongdoing occurred can be one of the most effective defenses.
Another option may be to show that the client suffered no harm. For instance, maybe a minor deadline was missed, but it was easy enough to rectify by contacting the court. Even if the lawyer did make a mistake by missing that deadline, the client was not harmed and therefore has no basis for a lawsuit.
Common Questions About Legal Malpractice Defense
A malpractice claim can put your career and reputation on the line, so it is important to have the right information on your side. Below, we address some of the questions attorneys most commonly ask when facing malpractice allegations.
What should I do after receiving a malpractice claim in Alaska?
Start by carefully reviewing the claim to understand what the plaintiff alleges you did wrong and what damages they are seeking. Collect all related documents, including client files, communications and case notes. Next, contact your professional liability insurance provider right away. Most policies require you to report claims promptly, and your insurer can provide resources and may assign legal counsel to help with your defense.
It is also crucial to contact an attorney experienced with malpractice defense cases. They can help you understand your options, meet important deadlines and build a strong defense strategy.
What evidence do I need to defend against a legal malpractice claim?
Building a strong defense requires gathering documentation that shows you met your professional obligations to your client. The evidence you need may include:
- Client files and case documents: All paperwork related to the representation, including pleadings, motions and correspondence
- Communication records: Emails, letters, phone logs and notes from meetings with the client
- Engagement letters and fee agreements: Documents that outline the scope of your representation and what services you agreed to provide
- Time records and billing statements: Proof of the work you completed and how you allocated your time
- Research and case law: Materials that show the legal reasoning behind your decisions and actions
- Expert witness testimony: Professionals who can confirm that your actions met the standard of care expected in similar situations
- Proof of client instructions: Documentation showing that you followed your client’s directions or that they were informed of risks
This evidence helps demonstrate that you acted reasonably and within professional standards throughout your representation.
What is the difference between a bad outcome and legal malpractice?
Not every unfavorable result means an attorney did something wrong. Legal cases can end unfavorably for many reasons that have nothing to do with attorney error, such as weak facts, unfavorable laws or unpredictable jury decisions. Malpractice happens only when an attorney fails to provide the level of care that other reasonable attorneys would provide in similar situations, and that failure directly causes harm to the client. To prove malpractice, a client must show that their attorney made a significant mistake or acted negligently, and that this error led to a worse result than they otherwise would have received.
Call Now For A Consultation
If you would like to learn more about your options, our legal malpractice attorneys are waiting to take your call. Contact us at 907-479-7776 or use the online form to schedule your initial consultation with our experienced attorneys in Alaska.