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Kansas City Legal Blog

Legal malpractice and discovery mistakes

Long before a legal case gets to trial, there's something called a period of discovery. The discovery process allows attorneys on both sides to gather and evaluate the evidence so that they can use the information to negotiate a favorable settlement -- or take a case to trial and win.

However, mistakes do happen during the discovery process -- and some of those mistakes could be actual legal malpractice.

The most common reasons for legal malpractice claims

Most attorneys are honorable people who always do their best to represent clients and their interests. There are sometimes some bad apples in the bunch though. While there are many different reasons that a client may sue their lawyer for malpractice, not all lawsuits have merit. There are many common unethical actions that attorneys may take that may result in them putting their bar card at chance though.

An attorney is a fiduciary, or someone that clients are supposed to be able to put their trust into to do the right thing on their behalf. If a lawyer mishandles someone's property or their money or otherwise doesn't act with loyalty, candor and in good faith, then they may be rightfully sued for breach of their fiduciary duty.

What do you need to know about a class-action lawsuit?

You may not be familiar with the process of filing a class-action lawsuit because you don’t plan on ever having to submit one, but chances are, you might.

Dozens of products are recalled every month, sometimes affecting millions of people. The products can cause minor injuries, death or anything in-between.

How safe is your sausage? Holding manufacturers accountable

As residents of the United States, we have the expectation that our food supply will be safe and free of adulterants and/or contamination. We trust that the agencies tasked with oversight of the food manufacturing processes can prevent diseases from spreading throughout the population.

Brace yourself, then. As of last month, the county's pork supply just became much less safe due to the present administration's changes to the industry's regulations.

Make sure you get that contract in writing

As a business owner, you approach a local vendor about suppling some of your needs for parts and materials. The meeting goes well. They agree to make some deliveries and you agree to pay. You shake hands, and the other business owner walks you to the door.

It can feel a bit awkward, at this point, to ask for more than a handshake deal. But you have to put your company first. As such, you always want to ask to have that contract in writing.

Can you sue your business partner?

You never wanted to sue your business partner, but things have gone poorly, and you feel like you have no other option. Is it possible to open up a lawsuit against this individual, and why would you want to do it?

As you may have suspected, it certainly is possible, and it does happen. Your business partner is not protected from legal ramifications just because the two of you worked together.

How to prevent contract disputes

Business is a passion for you, and sometimes in order to keep that passion afloat and thriving, contractors come into play. Whether you’re a seasoned veteran or a newcomer to business contracts, it’s important to make sure that all the details are laid out explicitly. After all, miscommunication breeds arguments. Arguments then create contract disputes, and before you know it, a cordial business relationship gets ugly.

While no tips guarantee total avoidance of contract disputes, there are efforts you can make to keep things as business professional as possible.

What requirements must I meet to sue for legal malpractice?

An attorney may be accused of malpractice if they take on a case although they're incompetent to do. The same outcome may result if they're negligent in handling a case that they agree to take on.

Most lawyers who ultimately get sued for malpractice do so because they fail to meet filing deadlines or request a client's consent. Others do so because they're ill-informed of or incorrectly apply case law. If you've compiled enough evidence of your attorney's negligence, then you may be able to file a lawsuit against them.

How do I join a class-action lawsuit?

If you think that an issue such as a medication recall or workplace discrimination that has impacted you has affected others, then it likely has. Individuals often join class-action lawsuits to share litigation costs associated with holding negligent parties accountable for their actions.

One of the first steps that you should take to find others who have faced a similar fate to you is to consult with a class action attorney. They'll look to see if a suit has been filed. If it has been, then they'll find out when the notice period went into effect. If the attorneys who've filed the case are still advertising for class members, then they'll put you in contact with the necessary party to the join the suit.

Two reasons corporation shareholders sue

Shareholders, it’s often said, are ultimately the owners of a corporation, so it might seem odd that they’d ever file a lawsuit against that corporation or their fellow shareholders.

Still, such legal disputes between shareholders are surprisingly common. Lawsuits involving corporate finances are notoriously complex, but here are two simplified examples to help illustrate why such lawsuits happen.

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