Legal Malpractice

The fact that a lawyer loses a lawsuit does not prove legal malpractice. In most legal matters—especially those that go to trial or arbitration—one side wins and the other loses. Johnston Tobey, P.C. is well known for representing clients having legitimate legal malpractice claims. An effective legal malpractice claim must prove four elements:

  1. The defendant/attorney had a duty to the client, usually arising from an attorney/client relationship.
  2. There was a breach of that duty by acts that were not those of a prudent attorney.
  3. The breach of duty by the attorney caused you injury.
  4. Damages were incurred because of that injury. In civil trials, those damages are usually monetary; in criminal cases, they may result in a wrongful conviction or a longer-than-necessary period of incarceration.

Johnston Tobey also handles disputes over legal fees and grievance claims against attorneys.

News

Real Estate Dealings Lead to Most Legal Malpractice Lawsuits

May 1, 2013

Malpractice suits are prevalent for various workers in numerous industries, but recent findings indicate they are the most common for real estate professionals over the last reporting period.

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IRS Lists Dirty Dozen Tax Scams

April 10, 2013

The Internal Revenue Service lists its annual "Dirty Dozen" common tax scams that often peak during the tax filing season. Beware of claims that sound too good to be true, the IRS urges. The agency warns that taxpayers who buy into illegal tax scams can end up facing significant penalties and interest and even criminal prosecution.

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Supreme Court Hears Argument Involving JohnstonTobey Client

January 18, 2013

The US Supreme Court recently heard arguments in a legal malpractice case arising out of a patent infringement lawsuit filed on behalf of a JohnstonTobey client.

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