Legal Malpractice Areas

When your lawyer causes you financial damage Stanley R. Lerner, P.C. handles your case of legal malpractice for : Personal Injury; Business transactions (buyer or seller); Real Estate transactions (buyer or seller); Trust and Estates; Wills; mishandling your lawsuit; Drafting contracts; Property Division in Divorce

Suing lawyers

Mr. Lerner has experience suing lawyers because he has tried cases to juries on the issue of lawyer malpractice, served as an expert witness on lawyer negligence, and serves as a volunteer lawyer with the presiding disciplinary judge on lawyer ethics.

Experience

While innovation is key, success also means knowing what works. That foundation lets Stanley R. Lerner, P.C. to meet, or with luck, exceed your objectives.

There is no consultation fee for cases involving bodily injury claims where the lawyer malpractice is based on Statute of Limitation or a failure to file a complaint or other documents in a timely manner.

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Arizona Legal Malpractice and Fees

Legal malpractice cases in Arizona are commonly accepted on a contingent fee basis or a basis with a hybrid of reduced hourly fees plus a reduced contingent fee.

In addition to handling Arizona legal malpractice cases, Stanley R. Lerner P.C. provides attorney services, litigation, and consultation in the following areas:

  • Arizona Accountant Malpractice (contingent fee available)
  • Arizona Personal Injury claims (contingent fee)
  • Arizona Real Estate litigation (hourly fee)
  • Arizona Contract litigation (hourly and contingent fee)
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These areas of Arizona law are frequently the areas of Arizona legal malpractice.

Because of his years of experience with Personal Injury, Dissolution, Real Estate, and Contracts, Mr. Lerner has the advantage of knowing the likely reasons where the Arizona attorney committed legal malpractice in those areas of the law. Because of Stanley Lerner's experience with Arizona legal malpractice, he has the legal knowledge and experience to find the Arizona legal malpractice experts to testify in your case of Arizona legal malpractice.

Arizona Legal Malpractice and Ethics

For matters involving lawyer discipline, Mr. Lerner was chosen by the Arizona Supreme Court to serve as one of several volunteer lawyers who participate in evidentiary hearings with the Presiding Disciplinary Judge and a nonlawyer member.

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After the evidence is presented and argument considered on the Respondent lawyer's conduct, a decision is rendered and, if warranted, the panel imposes sanctions.

These sanctions may range from a reprimand, suspension, and for egregious cases disbarment. Sometimes, restitution is ordered as a condition of probation. Those who serve in the role of a lawyer member of the panel bring a vast array of experience and diversity, thereby preserving the integrity of the process.

Mr. Lerner has experience on the issue of standard of care of lawyers because he has tried cases to juries on the issue of lawyer malpractice, served as an expert witness on lawyer negligence, and served as a Hearing Officer on lawyer ethics.

The State Bar of Arizona provides a profile of all Arizona lawyers.

The lawyer profile includes a representation that the lawyer carries or does not carry legal malpractice insurance. In selecting a lawyer, always hire a lawyer that carries malpractice insurance.

Stanley R. Lerner P.C. carries a lawyer malpractice insurance.

Explore the possibilities with us.

Please send us your story and information on our contact page or call us at (602) 279-3400.

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Trusts and Estates and Legal Malpractice

Many clients, Trustees, and beneficiaries of the Trust think of lawyer malpractice as when an attorney acts negligently by failing to prepare the proper documents, incorrectly designating beneficiaries, or by giving bad advice. Negligence can also occur by referring the Trustee to an investment adviser or tax adviser, like a financial planner or a CPA, who causes the Trust and its beneficiaries financial harm (damages).

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But attorney malpractice also includes the breach of fiduciary duty.

A breach of fiduciary duty can occur when a lawyer takes advantage of his position of trust with the client or fails to provide material (important) information to the Trustee and the Trust beneficiaries. A lawyer for the Trustee is required to advise Trust beneficiaries that the lawyer does not represent the beneficiaries. The purpose of the advice is for the beneficiaries to have the opportunity to obtain independent advice.

A breach of fiduciary duty to the Trust occurs when the lawyer takes an unjustified or unauthorized fee or obtains an interest in the Trust's property.

If the lawyer takes an interest in the Trust property, he must do so by first advising the Trustee and beneficiaries to seek separate counsel. If there is a dispute about the disposition of Trust property, the lawyer's actions, or the Trustee's actions, instructions from the Court to protect the Trust and its beneficiaries should be acquired.

A breach of fiduciary duty may occur when the lawyer changes the terms of the fee agreement without first advising the Trustee to seek separate counsel.

Sometimes, lawyers seek contingent fees from an Estate or Trust for tax savings after the lawyer has already done the tax savings work under an hourly or flat fee agreement.

So, ask yourself:

  • 1 Was a Trust prepared by a lawyer who obtained additional fees in addition to the fees originally paid for setting up the Trust?
  • 2 Do you feel you were overcharged for these additional fees by the lawyer?
  • 3 Do you think the attorney took fees for an amount with which you disagree?
  • 4 Did the attorney change the fee agreement to a contingent fee from an hourly after he completed his work?
  • 5 Did the lawyer take an interest in Trust property?
  • 6 Did the lawyer take attorney fees from the Trust without Court approval?
  • 7 Did the lawyer take attorney fees based on tax savings?
  • 8 Did the attorney provide an estate plan or Trust where the lawyer is the Trustee or owner of an interest in property held by the Trust?
  • 9 Did the lawyer provide referrals to advisers that caused financial harm (damages)?

If you answered yes to any one of these questions, you may be a victim of attorney malpractice and breach of fiduciary duty by the lawyer. We can answer your questions about lawyer malpractice and breach of fiduciary duty.

Call the Law Office of Stanley R. Lerner, P.C. at (602) 279-3400 for a consultation about the answers to your questions and your concerns regarding your Trust and if your lawyer breached his fiduciary duty. Because of the complexity of lawyer malpractice in Arizona involving legal issues of Trust and Estates, there is a consultation fee.

Ready to Explore New Possibilities?

Please contact Stanley R. Lerner, P.C. at your convenience for an initial consultation. We’ll work with you one-on-one to determine a road map to success. We look forward to working with you soon.

Call Today: (602) 279-3400