My attorney missed the statute of limitations and my lawsuit was dismissed. Is this malpractice?
Yes. Your attorney now owes you the value of the case that was mishandled.
My attorney won't return my calls. Is this malpractice?
No. It is a violation of ethical rules, and could result in the attorney being disciplined by the Kentucky Bar Association. But it is not malpractice unless your lawyer makes a mistake that results in financial harm to you.
What is the statute of limitations for legal malpractice?
In Kentucky, there is a one year statute of limitations to pursue a malpractice claim against a lawyer. The discovery rule applies to attorney malpractice cases. This means that the one year deadline to file suit does not run until you know, or should have known, about your attorney's negligence. The continuous representation rule also is recognized in Kentucky. This means that the one year deadline to file suit does not run as long as the attorney is still representing you in the same legal matter.
Are lawyers required to have malpractice insurance?
Unfortunately, not in Kentucky. You should always ask your lawyer if they are insured, and a lawyer should not mind providing you with proof. Most established and competent attorneys are insured, and understand that their client deserves compensated if they make a clear mistake that harms the client.
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Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.