The Viorst Law Offices, P.C.The Viorst Law Offices, P.C.2024-03-15T22:55:19Zhttps://www.viorstlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303257/2023/01/cropped-viorst-site-icon-32x32.pngOn Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485812024-03-15T22:55:19Z2024-03-15T22:55:19Zrelate specifically to negligence. If another reasonable person would agree that a property owner, tenant or business did something obviously unsafe or failed to do what was necessary for safety, that party could be liable for the injuries that others incur at the property. The three scenarios below are arguably the most common causes of premises liability claims.
Slip-and-fall incidents
To many people, the term premises liability is synonymous with slip-and-fall claims. The failure of a business or a landlord to properly maintain a space could lead to visitors falling and developing serious injuries as a result. Messy business spaces or unlit staircases are among some of the more common reasons for a slip-and-fall premises liability claim.
Criminal activity
Technically, the people who commit crimes are primarily responsible for the impact that their actions have on other people. However, businesses and landlords can often predict that a property is likely at elevated risk of certain types of criminal activity. Bars, for example, often see numerous drug- and alcohol-fueled fistfights. Hotel parking lots may see vehicle break-ins and muggings targeting tourists. If those affected by criminal activity can establish that the crime was reasonably predictable and potentially preventable with better security rates, then they may have grounds for a premises liability lawsuit based on negligence security.
Animal attacks
Dog bite incidents and other scenarios in which animals become aggressive can cause severe injuries. Property owners could face promises liability claims if their dog jumps over a fence or runs away from them at a park before attacking another person. Homeowner's insurance often covers dog bite incidents even when they do not occur at the policyholder's home. When businesses make their spaces accessible to the public and allow animals on the premises, the business could potentially be liable after a visitor ends up injured because of an animal's aggression.
Falls, criminal activity and animal attacks can all cause significant injuries and property damage losses. Those who understand what might give them reason for a premises liability lawsuit can potentially seek compensation through their losses. Learning more about premises liability with the assistance of a skilled legal team can potentially help people to hold the right party accountable for a preventable incident that resulted in harm.]]>On Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485802024-02-15T18:16:39Z2024-02-15T18:16:39ZWould the testimony have made a difference?
Legal malpractice occurs when an attorney does not provide a client with a professional level of representation. Failure to take certain actions, such as having a client testify, can sometimes constitute legal malpractice. In some cases, having a client testify could make a major difference. Other times, it might put them at a disadvantage.
When a client believes that their testimony could have been the deciding factor in a lawsuit or criminal trial, their lawyer's refusal to let them take the stand could constitute legal malpractice. Whether or not other lawyers with a similar specialization agree with the client could help them determine if they experienced malpractice or not.
If other lawyers familiar with personal injury lawsuits or similar criminal cases agree that the client's testimony could have altered the outcome of the case, then there could be grounds to question a lawyer's decision to prevent someone from speaking on their own behalf. If other competent professionals might have handled the matter differently, the lawyer's decisions could raise questions about whether they provided competent and effective representation.
Legal malpractice claims can be particularly difficult for people to develop. They often need to communicate with other legal professionals at a time when they likely have very little faith in the competence and professionalism of attorneys in general. Yet, discussing what happened in court and why a lawyer refused to let someone testify could help someone determine whether they have grounds for a legal malpractice lawsuit or not.]]>On Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485792024-01-17T16:13:11Z2024-01-17T16:13:11Zconflict of interest is vital for clients to protect their rights and interests fully.
Defining conflict of interest
A conflict of interest occurs when a lawyer's ability to represent a client is, or could be, compromised by other interests or relationships. This includes situations where the lawyer represents two clients with opposing interests or where the lawyer's personal interests conflict with the client's. It's not always about actual impropriety but also about the appearance of impropriety that can erode trust.
Identifying potential conflicts
Clients should be aware of situations that might indicate a conflict of interest. If a lawyer has a financial or personal relationship with a party involved in the client's case, this could be a red flag. Additionally, if a lawyer has previously represented an adversary in a similar matter, this might indicate a potential conflict.
Addressing conflicts effectively
When a conflict of interest is identified, it should be addressed immediately. Lawyers are ethically bound to disclose any potential conflicts to their clients. Sometimes, the conflict can be resolved by obtaining informed consent from all affected parties. In other situations, the lawyer may need to withdraw from representing the client to uphold ethical standards.
The role of clients in managing conflicts
Clients play a crucial role in managing conflicts of interest. They should feel comfortable asking questions about any concerns they have regarding their representation. Open communication with the lawyer about potential conflicts can prevent misunderstandings and ensure the client's interests are the priority.
Understanding and addressing conflicts of interest is vital to maintaining a trustworthy and ethical attorney-client relationship. Clients should proactively discuss concerns with their lawyer, ensuring their representation is effective and adheres to the highest ethical standards.
Through vigilance and open communication, clients can help safeguard their interests and the integrity of their legal representation. When issues arise that the client can’t address or if they learn about the conflict of interest after an unfavorable case outcome, they may be in a position to file a legal malpractice case to rectify the situation.]]>On Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485782023-12-12T22:48:30Z2023-12-12T22:48:30Zsome of the neurons or brain cells that are necessary for healing. This is why some people will sometimes only experience partial recovery from a TBI, as portions of the brain cannot be repaired.
If someone does suffer a head injury as a result of a car accident, it’s important for them to remember that the injury can get worse over time. This is part of the reason why it’s crucial to seek prompt medical treatment. Only medical professionals can make an accurate assessment to determine how serious the damage is. Even if the person doesn’t think they’ve been significantly injured, medical tests may show otherwise. When an accurate diagnosis is made, effective treatments can commence right away.
Example: A subdural hematoma
One way that an initial injury can worsen over time is if someone develops bleeding around their brain. They could have suffered from a subdural hematoma, which is bleeding in the tissues that surround the brain. This can lead to blood clots and it can also lead to increased pressure on the brain cells themselves. Unchecked, the bleeding can create severe complications and a much more serious TBI. Thankfully, there are often medical procedures that can be used to relieve this pressure, stop the bleeding and take other steps to prevent the injury from progressing, as long as it is diagnosed right away.
Watching for symptom escalation
What symptoms should someone look for if they have a TBI? They may experience headaches, nausea, fatigue, mental confusion, trouble with fine motor skills, trouble with high-level intellectual processes, extreme sensitivity to light and sound and other symptoms that seem to be worsening. If these issues are not resolving on their own, and seem to be getting worse, that may be an indicator that there is a complication – such as bleeding around the brain – that is making the initial injury more serious.
Seeking compensation
While it is very important to get medical treatment for a traumatic brain injury, people are sometimes concerned about the cost. This is why those who have been injured due to the negligence of other drivers should seek legal guidance as soon as possible. They may be entitled to considerable compensation that will cover the medical costs that they may be (understandably) so worried about.]]>On Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485762023-11-10T13:12:00Z2023-11-10T13:12:00ZOfficers are bound by specific guidelines
There are two general rules governing the use of force by police officers. The first is that they need to believe that the use of force is necessary for their protection or the safety of others. Someone talking belligerently to an officer would not necessarily justify them using physical force.
The second is that they need to gauge the degree of force that they use based on the level of threat involved in the situation. For example, most people would agree that it would be inappropriate for police officers to draw and discharge weapons in a scenario involving an unarmed shoplifter or someone with a bench warrant for unpaid child support.
However, if someone has displayed a weapon, engaged in violence or threatened others, an officer may have a justification to use more force in that situation. Those arrested may raise questions afterward about whether an officer's actions were necessary and justifiable under current Colorado state rules. Other officers present during an interaction have an obligation to speak up when they believe another police officer used an inappropriate amount of force given the circumstances.
Someone who has been seriously injured by the police or those who lose a loved one in a questionable situation may have grounds for a lawsuit against the officer or the police department involved in the incident. Seeking legal guidance can provide clarity and support in this regard.]]>On Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485752023-10-10T13:13:33Z2023-10-10T13:13:33ZUnderstanding the intricacies of billing hours fraud
Billing fraud occurs when a legal professional intentionally misrepresents or inflates the hours they claim to have worked on a client's matter. This dishonesty can manifest in several ways, be it billing for hours they haven't worked, double-billing multiple clients for the same time or exaggerating the duration spent on specific tasks.
Grasping the consequences for clients and the broader profession
For clients who become victims of billing hours fraud, the repercussions are mainly financial. They might end up paying far more than what's genuinely owed. However, beyond the monetary setbacks, the fundamental trust clients place in their legal representatives can be eroded. From a broader perspective, billing fraud casts a long, concerning shadow over the legal profession. Such malpractices make it increasingly difficult for honest, ethical professionals to cultivate trust among existing and potential clients.
Taking steps to counteract billing hours fraud
If someone suspects they've been subjected to billing hours fraud, the initial step is to review all billing records and correspondences comprehensively. Any discrepancies or anomalies should be rigorously questioned. Clients are entitled to seek remedies if there's tangible evidence of fraud. This could range from reporting the malpractice to relevant regulatory authorities, demanding financial restitution or initiating a legal malpractice lawsuit.
These cases can be challenging to prove, so victims should seek legal guidance as proactively as possible. This can help them to learn how to proceed at each step so they can have the best shot at getting the justice they deserve.]]>On Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485742023-09-07T14:02:31Z2023-09-07T14:02:31Zeach separate area of law. Even within specializations, there are niches.
Lawyers have to choose an area of specialization
There are completely separate legal statutes that apply to personal injury cases as opposed to criminal cases. Lawyers will often choose a few areas in which they focus or may drill down into one particular niche within a specialization.
The nature of someone's legal issue will determine whether they need the support of a general family law attorney or someone who specializes in qualified domestic relations orders specifically. Unfortunately, some lawyers will make promises that they cannot follow through on when taking on new clients or hearing from existing clients about a new issue that is outside of their typical expertise. Rather than referring those clients to others to ensure they receive the best representation possible, some attorneys will knowingly accept cases that will be their first in a particular area of practice or that are well outside of their comfort zone.
Over-promising can be a form of malpractice
Lawyers should be honest with clients about their knowledge and experience. Particularly when attorneys do not have anyone else serving an advisory role and they do not inform their clients of their lack of expertise in a particular area of law, they may do a real disservice to the people or businesses that hire them by taking on cases they do not have the experience and knowledge to properly manage.
The client could make the wrong choice or have to endure an unfavorable outcome directly related to the lawyer's failings. Realizing after a poor outcome to a court case that an attorney failed in some crucial way by not understanding the law or by giving inaccurate advice may frustrate those who have paid for professional legal assistance.
Once people realize they did not receive the assistance they needed, they may be in a position to take legal action against the attorney who failed them significantly because they did not disclose their lack of experience or knowledge in a particular area of law. Filing a legal malpractice claim can result in financial compensation for those who have received substandard legal guidance and may result in consequences for the attorney who oversold their abilities.]]>On Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485702023-08-08T11:31:04Z2023-08-08T11:31:04Zroughly a third of lawyers may have issues with alcohol abuse, meaning that they drink more than they should or more frequently than medical professionals recognize as healthy.
Unfortunately, choosing to self-medicate with alcohol can potentially impact a lawyer's job performance and contribute to legal malpractice. The three issues below are among the most common reasons that substance abuse disorders like alcoholism lead to legal malpractice claims against attorneys.
They show up intoxicated or hungover
Whether a lawyer needs to be present for a mediation session, business negotiations or a hearing in court, they need to be sober and healthy to provide the highest standard of representation for their clients. Sadly, those that have trouble controlling their alcohol consumption may sometimes show up to an afternoon court session under the influence because they had a second drink at lunch. They could also struggle to do their job if they have a hangover the day after overindulging.
They don't show up for their clients at all
If a lawyer has to be in court on behalf of their clients and they do not show up, a judge could potentially declare the client to be in contempt of court. A lawyer who does not show up to court or misses important appointments may put their clients at a disadvantage or may cause significant consequences for their clients.
They over-promise and under-deliver
Alcohol has a way of bolstering someone's self-confidence, but that isn't always positive. A lawyer who meets with their client over dinner or drinks might let the liquid courage they consume influence what they promise to their clients. They might take on a case that is outside of their area of expertise or make claims about what they can do for a client that they cannot fulfill. Clients might then refuse settlements because they expect a specific outcome, only to end up completely losing the case or walking away with a less favorable outcome than the lawyer indicated was likely.
Provided that clients can show that alcohol may have affected a lawyer's job performance and that they can show the unfavorable outcome of their case related to their lawyer's failings, they may be able to pursue a legal malpractice claim against the attorney who provided them with inadequate representation due to a substance abuse disorder. Pursuing a legal malpractice claim is a reasonable way for those affected by an unprofessional attorney to minimize the harm caused by someone else's challenges with alcohol and/or other substances.
]]>On Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485652023-07-12T19:47:31Z2023-07-12T19:47:31ZRecording law enforcement officers in action has become increasingly prevalent due to the widespread availability of smartphones. These recordings can serve as a powerful tool to hold law enforcement accountable for their actions and help ensure transparency in police encounters. By documenting incidents of potential misconduct, the public can actively monitor law enforcement practices and raise awareness about instances of police brutality.
Raising awareness and promoting change
One of the key advantages of recording police encounters is its potential to raise public awareness about the reality of police brutality. When videos depicting incidents of misconduct go viral, they often generate significant media attention and public outrage. This increased awareness can lead to public pressure for reforms and changes within law enforcement agencies. As a result, recording law enforcement officers can catalyze social movements and contribute to the fight against police brutality.
The impact on police behavior
The knowledge that their actions may be recorded can serve as a powerful deterrent for law enforcement officers. The fear of being exposed and held accountable can make officers think twice before engaging in abusive behavior. When officers know that their actions are being documented, they are more likely to adhere to proper protocols and act within the bounds of the law. This increased sense of accountability can help reduce instances of police brutality and improve the overall conduct of law enforcement personnel.
Potential challenges and limitations
While recording law enforcement officers has undeniable benefits, it is essential to acknowledge the potential limitations of these efforts. In some cases, videos may only capture a portion of an incident, providing a limited perspective. Additionally, the act of recording can be subjective, as individuals may choose to record selectively, focusing on specific moments that support their narrative. This selective recording can introduce bias and hinder a comprehensive understanding of the situation in question.
Recording law enforcement officers has the potential to play a significant role in combating police brutality. However, addressing the challenges and limitations surrounding selective recording and privacy concerns is also important.]]>On Behalf of The Viorst Law Offices, P.C.https://www.viorstlaw.com/?p=485632023-06-20T10:37:56Z2023-06-20T10:37:56ZHow would AI technology lead to legal malpractice?
Chat GPT AI software has the ability to review existing writing online to glean information and learn a style. It can then generate original text according to the prompt input by a user. This process has already caused issues in many industries, including the legal profession.
A lawyer used ChatGPT to research to put together legal paperwork for court filings, only to find themselves embroiled in a legal malpractice controversy. Essentially what happened is that the software generated information about non-existent court cases, which the lawyer then integrated into filings. The lawyer failed to identify the fabricated court rulings, with poor results.
This malpractice case mirrors the reported shortcomings of AI software analyzed in other fields, like academia. Even college students with several years of research training have failed to identify errors in text generated by AI software. The final ruling in this legal malpractice case is still forthcoming at the time of this blog's publication, but the likelihood of additional AI malpractice claims in the future is high.
Anytime there are major advances in technology, there will always be early adopters, and some of them will inevitably make mistakes that have consequences either for them or the people that hire or trust them. Pursuing a legal malpractice claim may be the only option for those affected by gross incompetence on the part of a legal professional, such as citing a court case that doesn't exist.]]>