How to Sue a Criminal Lawyer for Malpractice in Ohio

Victims of criminal malpractice have recourse.

Filing and winning a malpractice action against your former attorney can be daunting. When the malpractice was committed during the course of representation on criminal matters, it is even more difficult. By following these steps, victims of legal malpractice can enhance their chances of success.

Things You'll Need

• A highly experienced attorney that specializes in malpractice actions filed against other attorneys.
• A copy of all of the documents and pleadings from the original criminal case or cases.
• A copy of your agreement, your bills, and any correspondence from your former criminal attorney.
• A current address for your former criminal attorney.

Instructions

Steps to take to begin a criminal malpractice action.

1. 

   Determine whether the claim is still timely.

   Determine whether the malpractice action is still within the statute of limitations. In Ohio, the malpractice action must be filed within one year of a triggering event. That triggering event is the latest of either when the representation ends or the malpractice is discovered or reasonably should have been discovered by the client. Determining the time of this triggering event can be rather tricky and has been subject to substantial litigation in Ohio. An experienced malpractice attorney can help you determine whether or not your claim is timely.

2. 

   Obtain copies of your case file.

   Obtain copies of all of the records and documents concerning your criminal case. These records should include the transcript of the trial, copies or a description of the evidence, and the pleadings and legal documents that were filed in the case. Remember to obtain records from both the trial and any appeals that resulted from the trial including any post conviction proceedings.

3. 

   Collect all of the documents from your prior attorney.

   Obtain or make copies of your fee agreement, any bills, and any correspondence from your previous criminal attorney. Your previous attorney should have provided these records to you previously. Verify that the address that you have for your previous attorney is still a good address. If you question whether to bring a document or not to your malpractice attorney, bring it. Attorneys would rather have too much information than too little information.

4. 

   Retain an attorney that specializes in legal malpractice actions.

   Schedule an appointment with a Ohio attorney that specializes in malpractice actions against other attorneys. Malpractice actions, especially legal malpractice actions, are a highly specialized field of law that most general practice attorneys are simply not competent or experienced enough to handle. That is why retaining a lawyer that is highly experienced in this field is paramount.

5. 

   Attorney will fit your facts within the legal requirements.

   Tell the malpractice attorney your story, leaving nothing out. Tell the attorney the absolute and complete truth. Your attorney will try to fit the facts that you give him into the following legal requirements in order to build a case:

   1. An attorney client relationship that gives rise to a duty to the client.

   2. A breach of that duty by the attorney to the client by the attorney's conduct falling below an applicable standard of care.

   3. Harm to the client that directly results from the attorney's breach of duty.

References

• Lawriter: Ohio Laws and Rules. Time limitations for certain actions.
• Zimmie v. Calfee, Halter & Griswold, 43 Ohio St. 3d 54 - Ohio: Supreme Court 1989
• Vahila v. Hall, 77 Ohio St. 3d 421 - Ohio: Supreme Court 1997

Resources

• Lawyers.com: Ohio legal malpractice law firms.
• Findlaw.com: Ohio legal malpractice lawyers.