Find Lawyers in Oregon, United States for Legal Malpractice Law - Defendants
Paul Berg splits his time between managing the firm and his litigation practice. Paul’s practice focuses on complex business and commercial litigation, along with personal injury and wrongful death actions. Paul co-authored the 2009 supplement to the “Case Investigation” chapter of the Oregon Civil Litigation Manual .
Connie McKelvey is a native Oregonian whose practice areas include medical malpractice, dental malpractice, representation before health professional licensing boards, professional liability, health law, and HIPAA policy and security. Connie has been regularly endorsed as one of the top lawyers nationwide by the most respected peer review organizations in the nation including Martindale-Hubbell , the Best Lawyers in America , Who’s Who in American Law and Superlawyers . Connie has exten...
Karen O’Kasey’s trial practice focuses on defending employers and medical professionals in state and federal courts in both Oregon and Washington. She has represented employers in all types of employment discrimination claims brought in federal and state court. In addition to defending private employers, Ms. O’Kasey has extensive experience defending municipalities against all types of tort claims, including Section 1983 claims, First Amendment claims, and public accommodati...
Bonnie Richardson has been a trial lawyer for 24 years and is a champion for causes in which people have been wronged by the powerful and privileged. She is driven by the desire to successfully resolve challenging and difficult cases, particularly complex commercial litigation. Bonnie is highly regarded for her work on behalf of clients who seek to hold attorneys and other professionals accountable for malpractice. She is also one of the top attorneys for large, complex estate and trust cases...
Gordon “Gordy” Welborn is one of Hart Wagner LLP's managing partners. Gordy was born and raised in Oregon. He decided as a youngster that he intended to be his family’s first lawyer. Driven by the same passion that led to his many honors in athletics, Gordy worked his way through both his undergraduate and law school degrees. Gordy married his junior high school sweetheart while they were both in college, and the two of them began a family while Gordy was in law school. Gord...
Michael Wiswall is a native Oregonian. He began his legal career at Hart Wagner LLP in 1994, and became a partner of the firm in 1999. For nearly 20 years, Mike’s practice has primarily focused on defending medical malpractice lawsuits throughout the Northwest. Mike also assists hospitals and clinics with pre-litigation evaluations, as well as with their early disclosure and resolution programs. Mike frequently represents physicians, dentists, pharmacists and nurses before state licensi...
Legal Malpractice Law - Defendants Definition
While former clients are the most common plaintiffs, lawyers and law firms also can be sued by individuals or entities that they never represented. Former clients typically bring claims for legal malpractice (also known as professional negligence), alleging that a lawyer or law firm failed to properly handle a business transaction, lawsuit or some other matter. Depending on the circumstances, the former client may also assert claims for breach of contract or breach of fiduciary duty. Persons who were never clients of a lawyer may be able to bring a professional negligence or breach of fiduciary duty claim against the lawyer if they can show that they were expected to receive the benefit of a lawyer’s services or were otherwise owed a duty by a lawyer. Lawyers also can be sued for allegedly aiding and abetting torts committed by their clients, such as fraud, breach of fiduciary duty, or malicious prosecution.
Lawyers who sue or defend lawyers and law firms need to have the experience and judgment to assess the strengths and weaknesses of these claims and efficiently manage their litigation. Because legal malpractice plaintiffs are obligated to prove that a lawyer’s conduct fell below the standard of care, which is often the subject of expert testimony, lawyers prosecuting and defending legal malpractice claims must understand the applicable law and make effective use of expert testimony. They must also understand, and critically analyze, the plaintiff’s burden of proving that the lawyer’s or firm’s conduct resulted in actual harm, which in many jurisdictions requires a plaintiff to prove “the case within a case.” Some available defenses are unique to legal malpractice cases. Lawyers handling legal malpractice and breach of fiduciary duty claims should also have a firm grounding in the ethical rules governing lawyers’ conduct, since such claims often arise from alleged violations of those rules and their assertion may implicate a lawyer’s ethical obligations.
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