The Funk Law Firm P.S. Inc.

2000 112th Ave NE. Bellevue, WA 98004

Attorneys and Counselors at Law

Voice (425) 746-7992

Fax 425) 746-4236

Bellevue, Washington

Personal Injury, Legal Malpractice Attorney, and Insurance Bad Faith

Professional Malpractice

To none will we sell, to none deny

    or delay, right or 
    justice.

  (Magna Carta, Clause 40, 
  1215)

When your lawyer is causing more harm than good

Many people call our office with terrible troubles, an attorney that isn't returning phone calls, and want to know if they should fire their attorney. Many people call our office because they are having a hard time communicating with their lawyer. Your attorney should return your phone calls, and respond to your questions in a timely manner. Just because the attorney doesn't take your call doesn't mean that you have a good malpractice claim - it does mean you have a good reason to fire the lawyer. While you have the right to terminate the attorney-client relationship, it is not always the best course of action. If your attorney won't take your call, you may wish to write to your attorney. This may prompt a response.

It may make more sense to inform the attorney that you will be retaining another attorney, and request the attorney to take steps to protect your interests. Sometimes, there is simply no way another attorney can be retained in time to help. We can help you understand your legal rights - and the attorney's ethical obligations - before you make a decision about firing your attorney.

When your attorney quits

We also hear from people that have just been told their attorney is withdrawing - and they don't know what to do. Most people don't realize that they have a right to object to the withdrawal - and that their attorney will remain their attorney, with continuing duties, until the withdrawal is effective. Generally, you should not plan on staying with an attorney that doesn't want to represent you, but your attorney may be required to take actions to protect you before the withdrawal. If your attorney attempts to withdraw, contact us to discuss whether the withdrawal is proper, whether you should object, and what you should do next. Failure to take reasonable steps to protect yourself after the withdrawal could destroy a good malpractice case.

Your file is yours, not your attorneys

You own your file. You have usually paid for the paper, and all of the time and work that went into creating the file. Washington rules of ethics require an attorney to turn over your file upon your request. If you owe money to your attorney, your attorney may assert a lien on the files and papers in his/her possession, but not if there is prejudice to you. If your attorney wants a copy of your file, your attorney should pay for the cost of copying your file. Make a written request for your file - inform your attorney that you need the file, (You may wish to cite ethics opinion 185). If your attorney still won't turn over the file, give us a call.

Should you settle for less?

When an attorney's error causes your case to diminish in value - you are in a tough spot. You have a duty to mitigate damages caused by your attorney, (which means making the best of a bad situation). On the other-hand, if you settle your case it may be impossible to prove what would have happened at trial. If you can't prove what would have happened in the absence of the attorney-error, you can't establish your damages. You may need to retain independent counsel to value your case before a settlement is finalized. We will not be able to value your case without an in-depth review.

Attorney Fees

An attorney owes the client the highest degree of integrity in all dealings. An attorney should provide the client with sufficient information to determine the nature of the charges. If you receive a bill that you don't understand - make a written request for your attorney to explain it. If you continue to have a billing dispute the Washington Bar Association offers fee arbitration.

Elements of a Claim

Pursuing a malpractice claim takes a lot more time and money then most people would guess. If we represent you in a claim, you will be the Plaintiff, and we will sue the Defendant.

In a malpractice case it is necessary to establish four elements of negligence:

1. Duty

2. Breach

3. Causation

4. Harm

Generally, expert testimony will be required to establish the standard of care, and that the defendant's conduct fell below the standard of care. Willing experts can be difficult to locate, and can also be expensive.

We review many cases but accept very few. If you believe you have been harmed by a professional, please contact us to discuss the specifics of your case.

There may also be a consumer protection claim involved. A consumer protection claim is established by proving an unfair or deceptive business practice in trade or commerce that affects the public in general.

There is a statute of limitations that applies to every claim

In Washington:

A claim for negligence must generally be settled of filed with the courts within 3 years of the negligent conduct. If the claim is not filed, it can forever be barred. Don't let your claims expire. Call us to evaluate your case before 3 years.

A claim for breach of an oral contract will expire if not filed within 3 years. The statute of limitations for breach of a written contract is generally 6 years.

There are many exceptions to these general rules, and they are not always applied by the court in common sense ways.

With a skilled attorney, you may be able to establish that the statute does not begin to run until the date of discovery of all of the elements of your claim. For claims against attorneys, you may also be able to establish that the statute did not begin to run until the attorney-client relationship terminated. In fact, the statute can be tolled for a variety of reasons. If you have concerns, call to find out if your claim may still be pursued.

Information Request Form

Please feel free to contact us if you have questions,

or would like to schedule an appointment..

The Funk Law Firm P.S. Inc. 2000 112th Ave NE. Bellevue, Washington. 425-746-7992 xfunk@comcast.net