Failing to Sue Proper Parties

An Attorney’s Duty to Determine Liability

A key strategy for successful litigation is pursuing cases against defendants with the insurance or corporate assets to play claims. An attorney is responsible for locating assets to resolve a claim, which can involve knowing:

• Insurance policies covering claims, which may require locating umbrella coverage
• The effect a bankruptcy filing would have by one of the defendants. Sometimes bankruptcy litigation will require filing a suit in another state, or a special court.
• In “no-fault” states, establishing injuries, lost earnings or permanent disabilities which will exceed applicable thresholds
• When liability coverage can be based on employer/employee, child/parent
• Emotional or economic loss for the non-injured spouse and children
• Projections for future lost income or lost earning capacity

Pursuing a lawsuit against a defendant that has no means to pay off damages is a costly endeavor. Clients end up paying high attorney fees for a case that their legal counsel should have known from the beginning was not profitable.

What Are Grounds for Suing a Lawyer for Professional Negligence?

You may have grounds for a professional negligence lawsuit if your lawyer failed to use the care or skill that is required and expected from an attorney. Professional negligence lawsuits may occur if your lawyer has shown neglect in any of the following ways:

• Missed a deadline
• Did not prepare for trial
• Failed to follow specific court orders

Have You Been Misled by a Professional?

We take legal malpractice very seriously at Rheingold Giuffra Ruffo Plotkin & Hellman LLP. Our New York professional malpractice lawyers spend time giving clients close, personal attention so that they can rest assured they are not repeating the same mistake over again. When you are informed on exactly what is happening in your case, you know that your lawyer is not wasting your time or money.