subject: Does Your Lawyer Have Malpractice Insurance? [print this page] There is an old saying that goes "You can't get blood from a stone". I believe this saying applies to a recent Montgomery County, PA court case. In the legal malpractice case, plaintiff Sharon Williams alleged that her former attorney was negligent because he failed to obtain expert reports in support of personal injury claims related to six auto accidents.1
Williams was being represented by Eisenberg Rothweiler Schleifer Weinstein & Winkler in the case against her former lawyer. Williams had an agreement with the firm that they would take the case on a contingency basis therefore Williams would not pay any of the trial's costs. Apparently the costs became too large for the firm and on three separate occasions they tried to withdraw from representing the plaintiff. It turns out that while the plaintiff's former lawyer may have been allegedly guilty of legal malpractice he had no assets. In addition, he did not have any malpractice insurance therefore he was judgment proof.1
So even if the plaintiff won the case, there would be no compensation for her or her lawyer. Her lawyer asked her to withdraw the case but she wouldn't. So under the spirit of Pennsylvania Rule of Professional Conduct 1.16, Montgomery County Common Pleas Judge Joseph A. Smyth eventually allowed Schleifer to withdraw from the case due to the "unreasonable financial burden on the lawyer."1
Unfortunately for the plaintiff she lost twice. She lost her first court case due to alleged negligence and her second case because her previous lawyer was judgment proof. So what does this mean to you and your personal injury lawsuit? Well it is quite simple. Court cases are expensive but not every lawyer is worth what they charge. It is important for you to do your research before retaining your lawyer if you hope to obtain a legal settlement.
Some helpful tips include:
Experience: Does your lawyer have enough personal injury experience? Just as you wouldn't hire a plumber to fix your wiring you wouldn't hire an estate attorney to handle your personal injury case. What about the lawyer's trial experience? Do they have any? Remember not all cases or lawyers go to trial.
Reputation: Talk to past clients or colleagues to check out your potential lawyer's performance. Also look for any news stories about them. Perhaps they won a large structured settlement for someone. On the negative side, did your attorney represent the loser in some high-profile cases?
Education: Make sure that your lawyer graduated from an accredited law school. On the American Bar Association website there is a list of accredited law schools. Also you may want to check with your state bar association to see if the lawyer is in good standing. Websites like ishereallyalawyer.com contain information regarding state bar associations.
Cost: Not everyone can afford the prestigious, big city law firms so ask for referrals from judges and other people working in the legal profession.
Malpractice Insurance: While in an ideal world you would never need to sue your lawyer for malpractice wouldn't you prefer a lawyer with insurance just in the case the need to litigate should arise?
Remember it is also important to pick someone you can work with. If you don't like your lawyer it makes it difficult to close working relationship with that person.
References:
1.Elliott-Engel, Amaris Montco Judge Allows Withdrawal in Legal Malpractice Case. The Legal Intelligencer. Downloaded September 27, 2010.
by: Dawn Anderson
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