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Legal Malpractice

Twin Cities Legal Malpractice Attorney

When you need a legal malpractice attorney with the conviction and integrity to hold his peers in the legal community to the same high standards they set for themselves, contact legal malpractice lawyer Patrick H. O'Neill.

As a third generation St. Paul attorney, Patrick H. O'Neill, Jr. has in excess of 25 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 Patrick for a confidential and free consultation to discuss your legal malpractice case.

Notable Legal Malpractice Recoveries

2016

  • $215,000 recovery for improper drafting of grantor trust documents and negligent estate planning advice which resulted in significant tax consequences.

2015

  • $1,400,000 recovery for a bank who relied on its counsel as to when to redeem in a foreclosure proceeding. The trial court ruled the bank lost its entire mortgage and security interest when it failed to redeem prior to the sheriff's sale. The firm settled via mediation.
  • $200,000 recovery for land/quarry owner regarding negligent drafting of documents and legal description.
  •  $77,500 recovery for a union member who sued his divorce attorney for negligent drafting of Qualified Domestic Relations Order which did not include what would happen if the spouse died before going into "pay status".

2014

  • $425,000 recovery for Iowa limited liability company and managers/brothers relative to errors made prior to and during jury trial.
  • $75,000 recovery regarding a settlement and for failing to properly file a Proof of Claim by the July 25, 2012 deadline relative to a Chapter 13 bankruptcy.
  • $50,000 recovery regarding botched bankruptcy filing resulting in loss of disability annuity.

2013

  • $450,000 recovery for a father and son who were personal guarantors on a corporate bank loan. The guarantees were non-recourse, but became fully recourse in the event the corporation filed for bankruptcy protection. The attorney never informed the father and son of their personal exposure in the event of filing bankruptcy.
  • $100,000 recovery for a farm couple who had their stray voltage case dismissed when their attorney missed the 180-day deadline. The attorney died prior to suit being commenced, making the case even more difficult.
  • $70,000 recovery for a North Dakota bank that received negligent advice regarding an abandoned cashier's check.
  • $45,000 recovery for a criminal defendant serving a 10-year sentence who received negligent advice from his criminal defense attorney who failed to advise that pleading guilty to a gun possession charge resulted in an automatic 10-year mandatory minimum sentence.

2012

  • $571,200 jury verdict for a Wisconsin farm couple arising from negligent advice and breach of fiduciary duty for beneficiary of mother's Will.
  • $200,000 recovery arising from representation of an LLC who had successfully 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.
  • $192,500 recovery arising from negligent advice to several beneficiaries of the company-owned deferred compensation plans, and the trigger dates for each plan when the company is going out of business.
  • $80,000 recovery arising from excessive billing and attorney lien placed on property during a divorce proceeding.
  • $75,000 recovery arising from negligent advice by accountant involving an asset sale and stock transfer transaction.
  • $67,500 recovery arising negligent advice and supervision by broker involving an asset sale and stock transfer transaction.
  • $30,000 recovery arising from negligent drafting of life estate involving hunting land.

2011

  • $300,000 recovery in Wisconsin for a national insurer arising from a default judgment where panel counsel failed to timely interpose an answer on behalf of insurance company insured.
  • $50,000 recovery on a Pierringer basis arising from negligent advice and supervision involving an asset sale and stock transfer transaction.

2010

  • $42,000 jury verdict in Isanti County arising from a collection action brought by counsel for attorney fees. Counterclaim brought by client for legal malpractice and breach of fiduciary duty. Law firm received no damages, had to pay its deductible, and was required to return all of the fees paid by defendant, and forfeit any fees owed.
  • $21,000 recovery arising from negligent advice surrounding a worker's compensation settlement.

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 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.
  • $190,000 recovery arising from attorney who failed to file and serve a Summons and Complaint against a long-term disability insurer. O'Neill 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.
  • $110,000 recovery arising from a legal malpractice action involving negligent advice in a divorce proceeding.

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 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.

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 the 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.

2000-2006

  • $250,000 recovery arising out of negligently 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.

Patrick O'Neill does not handle or screen legal malpractice cases involving divorce.

Call 651-312-6500 Or 1-877-373-5501

Contact

Patrick H. O'Neill, Jr.
Now Practicing At Larson King
30 East Seventh Street, Suite 2800
Saint Paul, MN 55101
Phone: 651-312-6500
Toll Free: 877-373-5501
Fax: 651-312-6618
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