Which of these 3 items constitute legal malpractice? Which of these should be reported to the state bar association?

Business 4 views 2 answers
Attorneys representing my company: 1. blew a statute of limitation, 2. failed to discuss a settlement with opposing counsel early in the process as directed, and 3. grossly underestimated the cost to take the case to trial. We are an oil and gas operator who hired a drilling contractor. While drilling, the driller could not perform the services on their own because the equipment provided was not what was represented. We paid other companies to provide services the defendant was to provide. We sued for breach of contract, fraud, etc. for $115k in actual damages. They counterclaimed suit on sworn account for a final invoice of $85k. During attorney consultations I was told that it would cost up to $125k to go through trial. We agreed that a quick mutual release settlement would be preferable. After billing us over $200k we settled with a mutual release just prior to trial. We were then going to sue a 3rd party in a related matter & found the statute of limitations had expired. If I had known, I would not have settled the 1st case. In review we also found that our attorneys never discussed settlement early as directed. As to cost, the partner said he told me it would cost $250k.

Attorney Answers

2
Adrian Bower ·
Blowing a statute of limitations is a big issue. You may want to review the scope of your engagement agreement to make sure that your claim against the 3rd party was covered by the representation. An open discussion with your lawyer can often lead to a resolution of issues. Your lawyer may be willing to take steps to attempt to make things right. After seeing the costs of litigation in the first suit, this approach may be advantageous -- at least as a first step. Good luck!
0 upvotes
Gary Ilmanen ·
1-yes 2-maybe 3-probably not
0 upvotes

People Also Asked