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Indiana Legal Malpractice Lawyers
recuperado para los clientes
300+
años de experiencia combinada
500+
casos ganados
When you hire an attorney, you have the right to expect competent, ethical representation. When a lawyer’s negligence, misconduct or failure to protect a client’s interests causes serious financial harm, the lawyer may be held accountable through a legal malpractice claim.
CohenMalad, LLP represents individuals, businesses and other clients who have been harmed by attorney negligence and wrongdoing. These cases can be complex. Proving legal malpractice often requires not only showing what the attorney did wrong, but also demonstrating how that failure changed the outcome and caused measurable damages.
Our attorneys have the experience to do both.
A Proven Record in Legal Malpractice Cases
CohenMalad, LLP obtained the largest legal malpractice jury verdict in Indiana state history: $17,991,043.
In Dennerline v. Atterholt, involving the Indiana Construction Industry Trust (ICIT), CohenMalad attorneys represented the Indiana Insurance Commissioner as liquidator of a failed health benefits trust. The lawsuit alleged that the trust’s attorneys failed to provide critical legal advice as the organization became insolvent and continued operating.
Following a six-day trial, the jury found the defendant attorney and law firm 100% at fault and returned a $17.9 million legal malpractice verdict. The judgment was challenged, and CohenMalad, LLP attorneys successfully defended the verdict before the Indiana Court of Appeals.
What Can Constitute Legal Malpractice?
Attorneys are not required to win every case or achieve the result a client hoped for. But lawyers do have a duty to exercise the skill and knowledge reasonably expected of attorneys handling a matter.
Depending on the circumstances, legal malpractice may involve:
- Missing a statute of limitations, filing deadline or other critical deadline
- Failing to properly investigate or pursue a client's claim
- Giving incorrect or inadequate legal advice
- Failing to identify or address conflicts of interest
- Mishandling litigation, settlement negotiations or important legal documents
- Failing to preserve claims, defenses or evidence
- Improperly handling client money or settlement proceeds
- Failing to disclose important information to a client
- Abandoning a matter or failing to take required action
- Breaching fiduciary duties owed to a client
Legal malpractice can arise from many types of representation, including litigation, business transactions, personal injury claims, estate matters, real estate disputes and other legal matters.
Holding Attorneys Accountable
Legal malpractice cases present an unusual challenge: your new attorneys may have to examine not only the conduct of your former lawyer, but also the underlying lawsuit or transaction.
Under Indiana law, a plaintiff generally must establish that an attorney owed a duty to the client, failed to exercise the required skill and knowledge, caused the client's loss, and that the client suffered damages.
That causation requirement can make these cases especially demanding. In many legal malpractice cases, it is necessary to show what likely would have happened if the attorney had handled the matter properly.
Our attorneys understand how to investigate these claims, evaluate the underlying matter and build the evidence necessary to prove both the attorney's wrongdoing and the resulting loss.
Talk to our trusted Legal Malpractice Attorney Team
If you believe a lawyer's negligence or misconduct cost you a case, a claim, money, property or another important legal right, CohenMalad, LLP can evaluate what happened.
Our experienced, trial-ready lawyers have successfully handled sophisticated legal malpractice litigation, including obtaining and defending on appeal the largest legal malpractice verdict in Indiana state history.
Contact CohenMalad, LLP for a free, confidential case review. Call 317.636.6481 or request a consultation online.
We Are Ready to Advocate for You
Contact our Legal Malpractice attorney team for a free consultation.
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Frequently Asked Questions About Legal Malpractice
How do I know if my attorney committed legal malpractice?
A poor result alone does not mean your lawyer committed malpractice. Generally, there must be evidence that the attorney failed to meet the applicable standard of care and that the failure caused you actual harm.
Warning signs may include a missed deadline, a claim being dismissed because something was not filed, undisclosed conflicts of interest, serious errors in legal advice or documents, failure to follow your instructions, or discovering that an attorney failed to take an important action in your case.
Do I have a legal malpractice claim if I lost my case?
Not necessarily. Lawyers cannot guarantee results. The important question is whether your loss was caused by an attorney's negligence or other wrongful conduct. In many cases, this requires determining whether you would have obtained a better result if the attorney had acted appropriately.
What damages can be recovered in a legal malpractice lawsuit?
Damages depend on what the attorney's wrongdoing caused. They may include money that would have been recovered in an underlying lawsuit, losses caused by a failed transaction, additional expenses, lost property or other financial harm attributable to the malpractice.
How long do I have to file a legal malpractice claim in Indiana?
Indiana generally applies a two-year statute of limitations to legal malpractice claims. Determining when that two-year period begins can be complicated and may depend on when the injury occurred or was discoverable and whether the attorney continued representing the client in the same matter.
Because waiting can result in the loss of a valid claim, anyone who suspects legal malpractice should speak with an experienced attorney as soon as possible.
Can I sue my former lawyer while my original case is still pending?
Possibly. The answer depends heavily on the circumstances. In some situations, steps may first be available to correct or limit the damage in the underlying case. In others, waiting could jeopardize a malpractice claim. An attorney experienced in legal malpractice can evaluate both matters and advise you about the appropriate course of action.
Who can bring a legal malpractice claim?
Legal malpractice claims may be brought by individuals as well as businesses and other entities harmed by negligent legal representation. Whether a particular person or entity has the right to bring a claim depends in part on the attorney-client relationship and the duties owed in the particular circumstances.
