Whether an Arizona Lawyer Owes You a Duty

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  1. Whether an Arizona Lawyer Owes You a Duty

    In Paradigm Ins. Co. v. Langerman Law Offices, 24 P.3d 593, 200 Ariz. 146 (Ariz. 2001), insurance company Paradigm chose attorney Langerman to provide an insurance defense to a doctor who had been sued.  Langerman was negligent, but her negligence only damaged the insurer, not the doctor and the insurer sued her for malpractice. Id. […]

  2. What Is a Fiduciary Duty That Your Attorney Owes to You?

    The Restatement and a leading treatise state that in every state in the union including Arizona, attorneys have recognized fiduciary duties to their clients. (See, Legal Malpractice Litigation at 4-4, Entrekin, Bloomberg BNA 2018; Restatement of Law (Third) Governing Lawyers, Section 16(3)). Arizona Attorneys’ Fiduciary Duties to their Clients These duties include a duty to […]

  3. Proving Lost Profits in Arizona Legal Malpractice Cases

    Sometimes, an Arizona lawyer’s negligence causes a client’s business to lose sales.  There are a specific set of rules governing proof of lost profits. The first question is whether this is a new business with no profits yet or whether it is an existing business with a record of sales.  It is possible to recover […]

  4. Pre Judgment Interest in Arizona Law

    Let’s say you obtain an award of damages against your former attorney in a Phoenix legal malpractice lawsuit.  You may be entitled to prejudgment interest. In my home state of Arizona, the law on prejudgment interest is similar to the law in most other states. Arizona Law on Pre Judgement Interest Whether a party is […]

  5. Determining Whether a Lawyer’s Mistake Can Result in a Legal Negligence Lawsuit

    Being human, lawyers make many mistakes, but most of those mistakes will not become the basis for a successful Arizona legal negligence lawsuit. In order for a lawyer’s mistake to result in a successful negligence lawsuit, you must prove, through the use of an expert witness in most cases, that the mistake was not one […]

  6. Termination of the Attorney/Client Relationship

    An issue that arises in Arizona legal malpractice cases frequently is whether the attorney client relationship had been properly terminated when a particular event occurred.  There are two ways to terminate an attorney-client relationship: 1) as a matter of law; and 2) as a matter of fact. Termination as a matter of law means that […]

  7. Suing an Attorney for Breach of Contract

    While an attorney usually signs a written contract agreeing to represent a client, known as a “retainer,” the grounds upon which a negligent Arizona attorney may be sued are generally not contractual.  This is for the benefit of the client, in that it prevents the attorney from drafting a contract hugely to the attorney’s advantage. […]

  8. Can an Initial Consultation Make an Attorney Liable?

    A question that often arises in Phoenix legal malpractice cases is whether an initial consultation with a potential client, with no written retainer agreement coming out of the consultation, can make an attorney liable to the potential client. One point that appears clear is if an attorney learns in a consultation that the potential client […]

  9. Examples of Legal Malpractice Cases

    BREACH OF CONTRACT Victims of legal malpractice sometimes seek to bring suit under a breach of contract theory, for various reasons. One reason is because in many states, the winning party in a breach of contract case can receive reimbursement of their attorneys fees.  Another reason is that in most states, the statute of limitation […]