Philadelphia Legal Malpractice Lawyer
Harper J. Dimmerman, Attorney, is a seasoned litigator and has recently added legal malpractice law as a new area of practice.
Statutes of limitation in any litigation matter in Pennsylvania oftentimes present serious roadblocks for otherwise viable claims. In the realm of legal malpractice, generally two years is the operative time frame which an aggrieved party has to bring a claim. Potential plaintiffs frequently ask when this clock begins to run, if you will. The simple answer is that this period commences as soon as the conduct which forms the basis of the action occurs: the happening of the alleged breach of duty. For practical purposes then, this clock may start even during the representation period, with the lawyer or law firm that could possibly be the subject of that very legal malpractice suit.
The elements of a legal malpractice claim are straightforward enough.
The claim requires proof of (1) employment of the attorney; (2) the failure of the attorney to exercise ordinary skill and knowledge; and (3) that such failure was the proximate cause of damage to the plaintiff. See Knopick v. Connelly, 639 F.3d 600, 606 n.7 (3d Cir. 2011).
If you believe that you have a valid claim, call Harper Dimmerman now: (215) 545-0600.
All initial consultations are free.
Legal malpractice is a new practice area added for Mr. Dimmerman
Here are the key factors to keep in mind if you believe you have a claim for legal malpractice.
In a trespass [legal malpractice] action, the plaintiff [the aggrieved client] must establish three (3) elements in order to recover: (1) the employment of the attorney or other basis for duty; (2) the failure of the attorney to exercise ordinary skill and knowledge; and (3) that the attorney’s failure to exercise the requisite level of skill and knowledge was the proximate cause of damage to the plaintiff. Bailey v. Tucker, 533 Pa. 237, 246, 621 A.2d 108, 112 (1993). An attorney will be deemed “negligent” if he or she fails to possess and exercise that degree of knowledge, skill and care which would normally be exercised by members of the profession under the same or similar circumstances. Collas v. Garnick, 425 Pa. Super. 8, 13, 624 A.2d 117, 120, appeal denied, 535 Pa. 672, 636 A.2d 631 (1993).
It is also important that suit be commenced within two (2) years time. Therefore any questions should be communicated confidentially to a legal malpractice lawyer as swiftly as possible.
Attorney Dimmerman provides free, initial consultations — so call now: (215) 545-0600.