Finding an Experienced North Carolina Legal Malpractice Attorney

Legal Malpractice Basics

North Carolina defines legal malpractice in the case of Harris v. Greer 316 N.C. 202, 340 S.E. 2d 765 (1986). In Harris, the Court held "The breach of an attorney’s duty to use such care and skill is legal malpractice." Also see Greene v. Lindsey 115 N.C. App. 100, 442 S.E. 2d 123 (1994). And also see Smith v. Brough 91 N.C. App 76 , 370 S.E. 2d 670 (1988).
Legal malpractice in North Carolina frequently occurs when an attorney misses a filing deadline or fails to properly advise or communicate with a client regarding a matter. A recent article in the Charlotte Observer discusses a large number of legal malpractice claims in a small community and even at the state level.
Under North Carolina Rule of Civil Procedure Rule 9(j) Medical Malpractice cases and rules are slightly different and must be well understood by attorneys considering handling a legal malpractice claim for a client (or finding one for the client) throughout the State of North Carolina.

Recognizing When You Need a Legal Malpractice Lawyer

While it’s impossible to predict the future, there are signs that it may be time to explore the retention of a legal malpractice attorney to protect your rights.
The facts and circumstances of each case vary, and you are urged to have all of the facts before rushing to judge. But in the meantime, here are some things that an attorney should never do:

Fail to file on time
Miss a court or hearing date
Fail to meet a filing deadline
Misrepresent any fact in your case
Fail to advise you at critical junctures
Fail to properly investigate your case
Fail to explain contracts and legal documents to you
Disclose confidential information
Illegally withdraw from a case
Dismiss or fail to prosecute your case
Fail to frame the issues for a case or fail to check the status of the lawsuit
Schedule your hearings out of order
Allow conflicts of interest to arise
Fail to go to trial when a trial is warranted
Settle your case without your consent
Fail to communicate with you
Take a fee after being discharged
Take a greater fee than was agreed upon for professional services
Compound a debt
take excessive filing fees or other excessive costs
Act unethically in some other way
Engage in vexatious acts or omissions against you
Act or fail to act in such a way that a quality of care or skill below which no reasonably competent practitioner would do
Act or fail to act in such a way that limited, meaningless or no effort is made
Risk your cause of action
Illegally use your confidential information
Allow conflicts of interest to arise

Of course, there’s more difficult ethical issues or breakdowns in relationship to consider (e.g. conflicts of interest, collusions, consolidation of a cause of action with a claim that can not be arbitrated). You will be well-advised to seek counsel regarding whether you think you have a case or whether you client has a case.

How to Choose the Right Attorney in North Carolina

When it comes to selecting the right legal malpractice attorney in North Carolina, there are several considerations that are important. These include, but are not limited to, specialization, experience and client reviews. For example, finding an attorney who specializes in legal malpractice is crucial to getting the right representation. This is because an attorney who specializes in a given area of law, such as legal malpractice, has detailed knowledge of the law and can offer guidance on how to best proceed within the confines of the law and any applicable state rules and procedures. In addition, it is important to seek the advice of an attorney with experience in the context of legal malpractice cases. Not only should the attorney being considered have experience in general legal matters, but should have extensive experience handling legal malpractice cases, because these types of cases can be quite complicated. In general, the best ways to determine whether a prospective legal malpractice attorney will be a good fit for your case are to seek out client reviews and to meet with the attorney before hiring them. Client reviews are a great way to understand how the attorney in question treats their clients. Not only should the reviews be positive, but they should also be plentiful so that they can be trusted to accurately reflect the attorney’s ability and to provide an accurate estimate of client satisfaction. In addition, meeting with the attorney in person is also wise, because it allows the prospective clients to ask questions of the attorney to ensure that he or she is a good fit for the case. Meeting with the attorney also gives the prospective client an opportunity to meet the staff that works for the attorney, because many times, the staff ends up being primarily responsible for dealing with the case. In short, making this effort to secure the right attorney is worth the time and energy.

What to Anticipate in a Legal Malpractice Lawsuit

Considering that the average waiting time between the filing of a legal malpractice case and a final determination could be two years or more, from a plaintiff’s standpoint it is best to shoot down the process, and from the lawyer’s standpoint it is best to win on a dispositive motion as early as possible. Thereafter, the first phase should be a request for documents, in camera inspection and a meeting with counsel-to see if the matter can settle. The second phase is voluntary arbitration in N.C. Superior Court, where attorneys and expert witnesses will be called. The third phase should see the mediation process begin, and hopefully the parties will draft a separation agreement. But if not, then the fourth phase will be a jury trial. The jury panel should consist of at least 18 jurors, some of whom will be struck for cause and by peremptory challenge. Thereafter, jury selection will continue until a panel of at least 12 jurors are selected who are not excused for a valid reason or challenged for cause. Then the testimony will begin under the direction of the presiding judge and jury foreman. The jury will be able to hear the plaintiff’ s case for legal malpractice defense, and the plaintiff’ s attorney will have the opportunity to present a case stating how his adversary attorney was negligent, plaintiff suffered damages because he was risky to lose the suit. The testimony ends, and the jury re-enters the deliberation stage. The jury will discuss the merits of the case and then return with a judgment. The court will maintain jurisdiction over the parties involved, and issues that arise. There is no doubt that they will and may reappear in the trial granting jurisdiction.

Cracking the North Carolina Legal System

The state of North Carolina imposes several legal protocols and procedures that govern attorney malpractice actions. First and foremost is the requirement that notice of the malpractice must be sent to the attorney within a set period of time after the action accrues. A precise format must be adhered to, and the malpractice attorney must include an affidavit of competence as well as a copy of the proposed complaint as a means for the time of the letter to be extended, or considered "good". There is a 2 year statute of limitations in these cases, and both of these aspects of North Carolina law are designed to enforce a strict adherence to time periods. A defendant attorney has 30 days to respond to the notice letter. Also, under North Carolina law, the notice must only be sent to a single attorney. We did not find the case allowing one notice letter to be sent when a firm of attorneys has filed a suit or represented the client . Even if that were to occur, the plaintiffs lawyers would send the notice to the individual lawyer who actually represented the client, because a law firms representation of a client can be considered "joint and several" liability"- that is, the firm is responsible for the acts of any attorney within that firm. It is a common practice throughout the United States that only one notice of a claim be sent, even if there are two or more writing lawyers. The notice of claim requirement, the attached affidavit of competence and a well-drafted complaint are all means to set up a possible mediation step that would require the parties to attend mediation prior to the case being filed. Effectively, the notice requirement ends the "novelty" aspect of the case. Once you send the notice- that should end the delay in resolving the claim in favor of settlement. Consider as well that the notice must be sent to the attorney that actually represented the plaintiff. This may create a situation where a second law firm is required to be retained to represent the same plaintiff in a malpractice action against the original attorney.

Timeliness is Key in Pursuing a Claim

In North Carolina, the statute of limitations for a legal malpractice claim is 3 years from the date the client knew or should have known of the negligence or the subsequent damage which was caused. If a contract issue and breach of contract is involved, then the claim must be brought within 3 years or the time remaining on that contract, whichever is longer. Unlike other causes of action, where the statute of limitations is extended for minors and the mentally incompetent, in North Carolina, there is no such extension for legal malpractice claims. While the statute will not commence until an attorney/client relationship is confirmed, the cause of action will run as soon as the client is aware of the negligence or damage. Failure to take timely action can result in loss of the claim.

What to Do in Preparation for Initial Interview

How to Prepare for Your First Meeting with a Lawyer for Legal Malpractice in North Carolina
When you have legal malpractice on your mind and your case against a former lawyer near Charlotte, North Carolina, there are some key pieces of information that you should gather beforehand so that you can get the most out of your initial consultation. In addition to gathering documents, you should also compile a comprehensive list of questions that you have for your potential legal counsel. This is the time to get all of your concerns answered.
During your consultation for legal malpractice in Charlotte, your attorney will likely want to know your timeline, the parties involved in your case, and the specific incident of malpractice that you wish to take action against. Your main goal is to figure out whether or not you have a case for legal malpractice and whether or not your potential attorney is willing and able to represent you . It’s always a good idea to ask clarifying questions if you don’t quite understand your legal options. You may also want to ask a potential attorney how their fee structure will work, as well as how you can stay updated on the progress of your case throughout your claim. In some cases, you might want to bring along a notebook to write down the answers to your questions.
You’ll ideally leave your first meeting for legal malpractice feeling like you have a firmer grasp on the situation as a whole, as well as with a better understanding of what your next steps should be. If you feel that your first meeting with a potential legal malpractice attorney left you more confused than you started, try not to be discouraged. It’s a good idea to speak with a couple different lawyers specializing in legal malpractice in Charlotte, North Carolina before making your final decision.