Attorneys, like other professionals, must adhere to accepted standards of care within their profession. Like other forms of professional malpractice, legal malpractice is not committed when an attorney fails to give the best of legal advice, but rather is committed when an attorney fails to provide that level of service that is minimally acceptable, generally to the legal profession. As with other forms of professional malpractice, it is necessary to obtain an opinion from an attorney qualified as an expert in that particular field in order to proceed with a claim. Most claims of attorney malpractice focus on two areas: personal injuries; and matrimonial cases. A typical legal malpractice case arising out of a personal injury claim involves the failure of the attorney to prosecute the claim with required diligence. Most common fault is failure to file suit within the applicable statute of limitations. In order to succeed in such a claim, the plaintiff must prove, in the first instance, that the attorney, once retained, failed to commence the lawsuit within the applicable statute of limitations. In addition, however, to succeed in obtaining compensation, the plaintiff must also approve that the underlying claim would have been won. We tell our clients that you must prove "the case within the case". Thus, if you have retained an attorney to investigate and pursue an automobile accident case for you, that attorney has an obligation to do so with diligence. That attorney must investigate that claim and determine whether or not there is a reasonable basis for bringing suit. If the attorney determines there is a reasonable basis to bring suit, then that suit must be brought within two years of the date of the event. Mike, put a citation to your statutes of limitations there. If the lawyer fails to start the lawsuit within that two year period of time, it would appear on its face to be legal malpractice. However, if you were the person at fault in the accident, and therefore, you were not entitled to recover, you have no provable damages. In bringing such a legal malpractice claim, therefore, the legal malpractice plaintiff must prove first that the lawyer failed to act in a timely fashion, and thus violated legal standards of care, and then must prove that that plaintiff would have succeeded in the underlying lawsuit. The value of that claim against the attorney is governed by the value of the claim that the attorney failed to file. Disciplinary action. The judges of the Connecticut Superior Court have adopted a series of Rules of Professional Responsibility entitled, Rules of Professional Conduct. This should link to the Rules of Professional Conduct. Conduct of attorneys is subject to review by a panel comprised of lawyers and lay people appointed by the judges of the Superior Court. It is known as the Statewide Grievance Committee. The Grievance Committee has the power to investigate complaints against attorneys, and if justified, impose sanctions. Those sanctions can be a reprimand, suspension, or presentment to the Superior Court for disbarment. Once a complaint is filed, it is submitted to counsel for the local grievance panel for that judicial district. Such a complaint should be specific and include all relevant details. The local grievance panel then directs the attorney to file a response. Thereafter, the panel reviews the specifics of your grievance together with the attorney's response and makes a finding of probable cause or no probable cause. This finding is then reviewed by a panel of the Statewide Grievance Committee. That committee can overrule the findings of the local panel. If probable cause for the grievance is found, then a hearing is conducted before a three member sub-committee of the Statewide Grievance Panel. You have an obligation to appear for this hearing and it is best that you be represented by counsel. You will be required to present to the committee the basis for your claim. The attorney will be called upon to answer that claim. That subcommittee then recommends whether the grievance should be upheld or dismissed. If the grievance is upheld, then an appropriate sanction is imposed. If the committee recommends presentment for disbarment, then the attorney is required to answer in disbarment proceedings before a judge of the Superior Court. The Grievance Committee has issued informational pamphlets which are available at any court clerk's office together with the grievance forms. You may also access these materials through the State Judicial Department's web site, and again the link to there. The Grievance Committee only has the power to discipline attorneys. It does not have the power to award damages in the event of legal malpractice. Habeas Corpus Relief - In criminal cases, a defendant who believes that he has not received the effective assistance of counsel guaranteed by the Sixth Amendment to the United States Constitution has the right to file a civil proceeding known as seeking a writ of habeas corpus. The petitioner in such proceeding must prove that criminal defense counsel was ineffective and as a result the defendant has been substantially prejudiced. These are difficult cases to prove. They require the testimony of an expert criminal defense. Many times individuals who have been convicted of crimes and have lost their appeals are convinced that this is the best route for them to take to try to set aside a conviction or avoid serving a jail sentence. Merely because a defendant is dissatisfied with the result of a case is not a basis for habeas corpus relief. The fact that another attorney may have adopted a different tactic does not give rise to the right to habeas corpus relief.
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