Twin Cities Legal Malpractice Lawyers
If you need legal malpractice attorneys with the conviction and integrity to hold their peers in the legal community to the same high standards they set for themselves, contact a legal malpractice lawyer at the law firm of O'Neill & Murphy, LLP.
As a third generation St. Paul attorney, Patrick H. O'Neill, Jr. has in excess of 14 years of legal experience commencing lawsuits against negligent attorneys. He handles legal malpractice cases involving missed statute of limitation deadlines, breach of fiduciary duties, conflicts of interest, negligence, and incompetence.
A lawyer can be found to be negligent in virtually any type of case from personal injury, to real estate, to estate planning, to a business transaction. When such malpractice does occur, a "case within a case" analysis must be undertaken in order to determine the precise measure of damages.
Other typical examples of legal malpractice include:
- Poorly drafted documents
- Failure to advise clients of their options
- Failure to disclose material information to the client
- Failure to conduct legal research
- Failure to investigate
Missed Statute of Limitations
As professionals, attorneys can and should be held responsible for legal malpractice if they fail to file a suit within the restricted time frame dictated by the statute of limitations. If your case has been mishandled and allowed to languish past the time limitation to take appropriate action, we will be your advocate in a legal malpractice suit against your original attorney by focusing on what we believe would have plausibly occurred had your case been handled in a more timely manner.
Breach of Fiduciary Duty
If you have received poor advice from an estate planning attorney, your family's financial future has been damaged by your lawyer's negligence. We will help you seek justice. Fiduciaries owe a duty of trust which can be breached.
Legal Malpractice Due to Conflict of Interest and Incompetence
If your lawyer had a conflict of interest for which they should have excused themselves, such as a purely personal or business interest in the outcome, this constitutes legal malpractice. You need a new lawyer. Our law firm also handles legal malpractice cases involving incompetence, including cases of attorneys taking on cases beyond their professional ability or training. Our law firm is thorough and dependable, and our attorneys remain accessible to our clients throughout their case. Contact us at O'Neill & Murphy, LLP, for a confidential and free consultation to discuss your legal malpractice case.
Notable Legal Malpractice Recoveries -- 2009
- $365,000 recovery arising from attorney who represented homeowner in a first-party claim following a house fire. The attorney advised the client that he could sell the land before the claim was finalized. The sale of the land triggered a clause in the policy that capped the claim. The defense lawyer for the negligent lawyer blamed successor counsel for failing to cure the prior negligence. O'Neill & Murphy sued both attorneys and was able, in separate mediation sessions, to settle the claim.
- $300,000 recovery arising from representation of an LLC who sued its attorney for failure to record a contract for deed relative to six condominium units the LLC had purchased. Due to the failure to record the contract for deed, the seller was able to pledge the six condominium units to a lender who then foreclosed. O'Neill & Murphy was able to resolve the case at mediation.
- $190,000 recovery arising from attorney who failed to file and serve a Summons and Complaint against a long-term disability insurer. O'Neill & Murphy was able to convince the malpractice insurer that had the Complaint been properly served and filed prior to the statute of limitations running, the long-term disability insurer would have paid.
Notable Legal Malpractice Recoveries -- 2008
- $100,000 recovery arising from representation of Corporate Trustee who sued attorney for Testator who negligently drafted Trust Documents. Engaged in claim repair to reform Trust Documents in District Court. Settlement reflects fees incurred in claim repair.
- $670,000 recovery -- Lawyer drafted Antenuptial Agreement in 1996. Client divorced in 2006, and discovered Antenuptial Agreement only had one witness at the time it was executed. Despite the case of Antone v. Mirviss , 720 N.W.2d 331 (Minn. 2006), O'Neill & Murphy was able to argue that, since the client had sought advice in 2001 relative to the Antenuptial Agreement, and since the lawyer did not discover the one witness 1996 defect, a new six-year statute of limitations began to run in 2001, and therefore the claim was not barred.
- $40,000 recovery arising from negligent filing of a Chapter 7 bankruptcy, and the use of exemptions.
Notable Legal Malpractice Recoveries -- 2007
- $375,000 recovery arising out of the negligent advice given to a corporation relative to the need for a preemptive notice to be sent to existing shareholders prior to selling stock to a third party.
- $200,000 recovery arising out of negligent advice relative to an irrevocable life insurance trust which caused excess estate taxes to be paid by the beneficiaries.
- $128,000 recovery arising out of an attorney's failure to file the requisite UCC-1 to perfect a security interest which would have determined priority after a Chapter 7 Bankruptcy Petition was filed.
- $95,000 recovery arising out of a negligent closing argument wherein the insurer's lawyer suggested a verdict in excess of the available policy limits.
Notable Legal Malpractice Recoveries -- 2000 to 2006
- $250,000 recovery arising out of the negligent drafting and securitization of assets.
- $250,000 recovery arising out of negligently handled trial with closing argument being given by drunk lawyer.
- $180,000 recovery arising out of 1031 real estate transaction that resulted in capital gains taxes.
- $115,000 recovery arising out of negligently handled Chapter 11 bankruptcy in restaurant business.
- $40,000 recovery arising out of missed statute of limitations for injured railroad worker.
O'Neill & Murphy, LLP
332 Minnesota Street
W 2600 First National Bank Building
St. Paul, MN 55101-1355
651-292-8100 (phone)
651-292-8111 (fax)
Email: klewis@o-mlaw.com
O'Neill & Murphy, LLP
102 Laurel Street
Brainerd, MN - 56401
218-454-8100 (phone)
218-292-8111 (fax)
E-Mail: sbettis@o-mlaw.com