Pursuing A Legal Malpractice Claim

When your lawyer fails to meet the standard of representation they should provide you, it can have disastrous effects on your case. If your attorney engaged in legal malpractice, it is time you get in touch with a new lawyer to hold them accountable for their actions.

At Eardley Law, we are not afraid to sue other attorneys who are not able to meet the duty of care we need to offer our clients. We use our decades of experience to prove an attorney’s negligence and secure the outcome you deserve in your case.

When Does A Case Experience Malpractice?

Simply losing your case is not grounds for a legal malpractice claim. There are four elements that need to be present in your case to qualify for legal malpractice, including owed duty of care, breached duty of care, your lawyer’s actions caused damages (like a lost case), proof you suffered financial damages as a result.

Legal malpractice takes many forms, and each requires a careful review of the facts and the applicable law. Some of the most common issues the attorneys at our law firm handle include:

Missed filing deadlines: Michigan courts strictly enforce statutes of limitations and procedural deadlines. A missed deadline can lead to dismissal, often with no chance to refile.
Failure to know or apply the law: Attorneys must research and apply current law to your case. Incorrect advice or failure to raise valid claims or defenses can be malpractice. Our lawyers can help you understand whether you got incorrect legal advice.
Conflicts of interest: A lawyer must avoid representing clients with conflicting interests unless they have proper disclosure and consent. Undisclosed conflicts can undermine your case and create liability.
Poor communication or abandonment: Ignoring client communications or failing to act on a case can lead to missed opportunities and adverse outcomes. Lawyers have a duty to keep you reasonably informed of what’s happening in your case.
Settlement mismanagement: Accepting or recommending an unreasonable settlement without proper investigation or explanation can be malpractice, especially if it results in financial loss.

Time Limits for Filing a Legal Malpractice Claim in Rockford and Grand Rapids, MI

If you believe you’ve suffered from legal malpractice, you need to act fast. You generally have two years from the date of the attorney’s last service, or six months from when you discovered or should have discovered the malpractice, whichever is later.

Courts apply these deadlines closely. Waiting too long can bar your claim entirely, even if the underlying malpractice is clear. The sooner you call our lawyers, the sooner we can help preserve your rights. It also allows us time to gather records and consult experts, so we get the best results possible.

Defenses You May Encounter in Legal Malpractice Claims

Malpractice claims often involve several common defenses:

No negligence: The defense may argue that their actions met the standard of care under the circumstances.
No causation: They may claim that the outcome would have been the same regardless of any alleged mistake.
Judgmental immunity: Michigan law recognizes that attorneys are not liable for reasonable strategic decisions made in good faith, even if those decisions don’t succeed.
Statute of limitations: They may argue that your claim was filed too late under Michigan law.

Each defense requires a focused response supported by evidence and legal authority. Our law firm knows what kind of defenses are common and how to attack each one, based on the facts and evidence available. We can also help you understand what to expect and how courts may rule.

Damages in Legal Malpractice Cases

Damages in a malpractice case should put you in the position you would have been in if the attorney had acted properly. Recoverable damages may include:

Lost settlement or judgment value: If a lawyer’s mistake caused you to lose a winnable case, you may recover the value of that lost claim.
Increased liability: Errors in defense cases can result in higher judgments or settlements.
Additional legal costs: You may recover fees paid to correct or mitigate the attorney’s mistake.

Michigan law generally does not allow recovery for emotional distress in legal malpractice claims unless exceptional circumstances apply. Our firm can help you understand what you’re most likely to recover and why.

How Eardley Law Approaches Legal Malpractice Cases

Eardley Law gives every potential client a straightforward assessment of whether malpractice occurred and whether it’s worth pursuing. Our process typically includes:

Reviewing the underlying case file: We look over the pleadings, correspondence, and court rulings to find potential errors.
Consulting with experts: When necessary, we’ll work with experts to help establish the applicable standard of care and whether it was breached.
Analyzing causation and damages: We evaluate whether the error changed the outcome and quantify the resulting loss.
Preparing a claim: We present a clear, evidence-based case designed to meet Michigan’s legal standards.

Our clients benefit from a practical approach grounded in Michigan law and decades of local experience. Eugenie Eardley has spent more than 30 years in Michigan, and her familiarity with our local courts and procedures informs every case our law firm takes on.

Meet With Our Skilled Advocates Today

When you need a Michigan lawyer who knows the law and how to uphold it in your legal malpractice claim, contact our west Michigan office today. Call us at (616) 874-2647 or email us here to schedule your initial consultation today.

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