Tort Law
Not Consulting Client Costs Md. Lawyer a Losing Malpractice Case
Posted Oct 15, 2008, 05:53 pm CST
By Martha Neil
Although experts said Donald Sturgill didn't have a viable medical malpractice claim for ailments he suffered after being treated and released for a boating accident, his lawyer managed to get him a $15,000 settlement.
That proved to be a costly experience for attorney Robert Joyce and his former employer, the Sudler Law Firm—but not nearly as costly as it might have been, according to the Daily Record.
Because Joyce didn't get his client's permission before accepting the $15,000 settlement, Sturgill named both as defendants in a legal malpractice suit. A Baltimore City Circuit Court found that the $15,000 settlement was more than Sturgill's alleged injuries from the claimed medical malpractice were worth, yet nonetheless determined that Joyce was negligent in accepting the settlement without consulting first with Sturgill.
"It held the lawyer responsible for $6,887.43 in medical damages, and added another $15,000 in non-economic damages," the Daily Record reports.
Sturgill had sought $1.25 million in damages in the legal malpractice case.
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Comments
Posted by Ellen Barshevsky - 1 month, 1 week, 3 hours, 49 minutes ago
You should ALWAYS ask the client what HE wants to do, even if he DOESNT know.
My professor says You HAVE to get the CONSENT of the client, because it is NOT your case, it is his case and you have to do as he says even if you DO NOT agree with it.
I once had a PRO BONO client who wanted to sue, but I could not figure out if there even was a legal action. So I went to the Managing Partner and told him the facts. He thought it was FUNNY, so he told me to tell the client “NO we will not take the case”.
The PRO BONO client left and then got another attorney who was a friend of my boyfriend. He sued. The judge threw the case out and made the lawyer feel bad.
I would NEVER take a case unless it was one I could WIN, or at least get paid for.