BPMJ&L BENSON, PANTELLO, MORRIS,
JAMES & LOGAN
3505 LAKE AVE
FORT WAYNE, IN 46805
260-424-7077
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Legal Malpractice

      BPMJ&L has provided representation to many clients who have suffered injury, damage or loss by reason of their former professional's negligence or fault.

      If your former attorney has done something, or failed to do something, which a reasonable and careful attorney should or should not have done and it caused you to suffer loss, damage or injury, BPMJ&L may be able to assist you.

      The first essential ingredient of a legal malpractice claim is the existence of an attorney-client relationship with the lawyer. The second requirement is that the former client must prove that the attorney's conduct fell below the appropriate standard of care during the course of the representation. The final ingredient is the requirement to prove that as a proximate result of the lawyer's failure to exercise the appropriate degree of skill, care, knowledge or diligence the client suffered an injury, damage or loss. These are the basic ingredients of the legal malpractice claim. BPMJ&L has handled numerous legal malpractice claims for clients who have been victims of legal malpractice. BPMJ&L has handled malpractice claims throughout the state of Indiana and in other states.

      In Indiana there is a two year statute of limitations for bringing a legal malpractice claim. The statute requires a former client to bring the claim within two (2) years of the act or omission of the attorney which gave rise to a loss, injury or damage suffered by the client. There are certain exceptions to the two year limitation period based upon the client's discovery of the attorney's negligence. However, the law expects a client to act diligently to protect his or her rights, and delay in pursuing a cause of action could result in loss of the claim from the passage of time.

      BPMJ&L can review your potential legal malpractice claim and provide you advice as to your rights and potential recovery.

      Most clients are not appropriately educated to know when their attorney has committed an act of malpractice. When in doubt a prudent client should not hesitate to seek a second opinion. BPMJ&L can help you in these circumstances.

Examples of Legal Malpractice

  • The attorney fails to timely file the client's claim for personal injury;
  • The attorney gives the client erroneous advice which causes the client to lose valuable legal rights;
  • The attorney fails to prepare adequately for trial, fails to call an essential witness, or fails to introduce essential evidence at trial;
  • The attorney fails to file a timely Notice of Mechanic's Lien;
  • The attorney late files a complaint, motion, or other required pleading with the Court;
  • The attorney fails to file a timely and appropriate post-trial motion to correct an adverse judgment or verdict;
  • The attorney provided representation while having a conflict of interest;
  • The attorney fails to appear at trial or hearing and the client suffers adverse circumstances;
  • The attorney fails to notify the client to attend a case-related proceeding which results in detriment to the client;
  • The attorney settles the client's case without adequately advising the client;
  • The attorney fails to adequately investigate a claim resulting in the client receiving an inadequate verdict or settlement;
  • The attorney fails to timely file estate tax documents resulting in penalties and interest to the estate;
  • The attorney misappropriates property or funds of the client;
  • The attorney attempts to represent multiple clients when the interests of the clients are different.
      An act of legal malpractice may occur in nearly any kind of case which an attorney might handle. The above listing is merely for purposes of example and is in no way intended to be exhaustive.

      BPMJ&L keeps all contact concerning potential legal malpractice, as required by the Indiana Code of Professional Responsibility, completely confidential. Before you discuss any potential legal malpractice claim with any attorney, make sure the attorney does not have a relationship with the attorney you might have a claim against or any other potential form of conflict of interest.

      BPMJ&L typically handles legal malpractice claims on a contingent fee basis. The fee agreements are usually designed to fit the circumstances of each case. A written fee agreement is always required.