There are unique aspects of attorney malpractice claims. First, legal malpractice occurs only when an attorney makes a mistake that causes damage to a person (usually but not always the lawyer's client) in a measurable way. Not all mistakes by lawyers cause damages. Also, lawyers generally are not liable for errors in their professional judgment, as long as their judgment was based on an evaluation of the facts and law available to them. In other words, a lawyer can choose one strategy over another, such as deciding not to call a particular witness at trial. If the lawyer's decision is not reasonable, the decision could be malpractice, but a thorough evaluation of the circumstances is required for this determination. Konicek & Dillon, P.C. attorneys have the experience and understanding of the law to make these determinations, and do so in every legal malpractice case they handle.
Second, legal malpractice cases involve an underlying matter, a personal injury case, a commercial contract, a real estate transaction, or the like. Anything lawyers handle can result in a claim for legal malpractice. Therefore, to evaluate whether there is a valid case against a lawyer or law firm, we must know and understand the facts of the underlying matter. The spectrum of legal malpractice cases, therefore, is very broad, and Konicek & Dillon, P.C. has extensive success handling legal malpractice matters involving underlying medical malpractice and personal injury claims, patent and trademark infringement, commercial litigation, and real estate transactions, to name only a few. We immerse ourselves in the facts of the underlying matter to develop the critical understanding necessary to handle each case.
Finally, legal malpractice cases have their own idiosyncrasies that complicate trials and settlement. For example, jury instructions are extremely complex, involving instructions on two and sometimes three different levels of claims. Also, legal malpractice is uniquely backward-looking. Jurors are called on to determine not only what did happen but what would have happened but-for the lawyer's mistake. The challenges of legal malpractice litigation must be hit head-on, and only lawyers experienced in handling such cases can fully anticipate and appreciate the issues that will arise.
