LEGAL MALPRACTICE-WORKERS’ COMPENSATION CLAIM-SETTLEMENT

July 2nd, 2015 by Rieders Travis in Legal Malpractice

Silvagni v. Schorr, 113 A.3d 810 (Pa. Super. 2015).  This case was based upon an attorney malpractice where it is claimed by claimant that the attorney malpracticed in the handling of a workers' compensation claim.  The claimant said that the attorney gave him incorrect legal advice that ultimately led to a compromise and release.  The claimant said that but for the incorrect legal advice, he would not have agreed to the terms of the settlement.  Unless the workers' compensation claimant had specifically pled, and could prove, that the attorneys fraudulently induced him into signing the Compromise and Release Agreement, or he could prove that the attorney failed to explain the effect of that settlement, or that the settlement was somehow legally deficient, the former client is barred from maintaining an action in negligence against the lawyer.  It is clear that the lawyers were entitled to summary judgment as a matter of law.  There was no abuse of discretion in granting the attorneys summary judgment.

Brief Synopsis of Legal Malpractice Law

November 4th, 2013 by Rieders Travis in Legal Malpractice

A.  Malpractice by a criminal defense attorney If you believe your criminal defense attorney has malpracticed which resulted in an unjust conviction it is virtually impossible to pursue a claim against that attorney.  The Supreme Court essentially stated that you have to prove that you did not commit any of the unlawful acts for which you were charged or any lesser acts. In other words you have to prove that you are innocent. Of course if a jury already convicted you that may  virtually be impossible. Moreover, even if you could overcome this first hurdle the damages would then be limited to the amount spent on attorney's fees for the attorney who malpracticed.  In other words if it was court appointed counsel or the public defender's office that represented a criminal defendant those damages would obviously be zero.  Hence even if the criminal defense attorney malpracticed and you could prove your innocence, unless the defense attorney was privately retained and paid with your own money, you would not have suffered any damages and therefore have no claim. B.  Malpractice in civil cases In order to pursue a claim of legal…