Tip of the Month

Tip for April 2015

Don't Ignore Evidence of Professional Negligence by Predecessor Counsel

Lawyers may have exposure to liability for failing to advise a client that the client's prior attorney may have committed malpractice. In Daugherty v. Runner, 581 S.W. 2d 12, 17 (Ky. App. 1978), the court held that an attorney "cannot completely disregard matters coming to his attention which should reasonably put him on notice that his client may have legal problems or remedies that are not precisely or totally within the scope of the task being performed by the attorney." At the very least, it is good practice for lawyers to alert their clients to the possibility of such claims and suggest that the clients obtain advice from another attorney about any such claims. It is also good practice to preserve a written record that such advice was given to the client.