Mr. Day is certified as a
Civil Trial Specialist by the
National Board of Trial Advocacy
Mr. Day is certified as a Legal Malpractice Specialist by the Tennessee Commission on Continuing Legal Education and Specialization
Mr. Day is certified by the
American Board of
Professional
Liability Attorneys
Errors During Trial
One of the most difficult types of legal malpractice to prove is when an attorney is charged with committing professional negligence at trial.
The reason for this difficulty is that a trial is a fluid thing. The intensity of each case goes up and down with each sentence spoken, each exhibit admitted and each emotion shown. Attorneys frequently change their trial strategy during the course of a trial simply because of such things as their feelings about a juror, a ruling from the judge, or poor performance from a critical witness.
Judgment Calls
The law gives attorneys a defense based on “judgment calls.” Judgment calls allow an attorney to change how things are going, decide not to use an exhibit or a witness or refuse to ask questions previously covered with a witness.
Judgment calls, however, do not excuse an attorney from using critical evidence needed to establish your case and get it to the jury. For instance, to prove a client’s injuries in a car accident case, an attorney either will need a stipulation or agreement from the other attorney or will need to provide expert testimony through a doctor or other appropriate health care provider. Failure to do so may constitute legal malpractice.
Failure to Prepare the Case
Another common form of legal malpractice at trial involves failure to prepare the case. For instance, if a witness has critical information that is helpful to the case and the attorney either fails to call the witness, fails to subpoena the witness, or fails to properly ask the witness appropriate questions before trial for use during the trial, that attorney could potentially be liable for legal malpractice if the case could have been won or damages could have been more properly addressed, but were not.
Failure to Know the Rules of Procedure and the Rules of Evidence
Failure to know the rules of procedure and the rules of evidence also may constitute legal malpractice if the attorney’s lack of knowledge or use of the rules would have caused a different result.
There are many other factors—too many to list—which can potentially fall within the “judgment call” of a lawyer resulting in no malpractice claim, or which may fall outside that defense allowing for a legal malpractice claim to proceed. Consult a legal malpractice specialist to determine which category your case may fall into.
Contact a Qualified Tennessee Legal Malpractice Attorney
Attorneys Ed Graves and David Day have been helping victims of legal malpractice recover damages for over 20 years. Together, they have obtained compensation for many clients. When you think your case may have been mishandled by an attorney, our attorneys can help you recover the damages you need and deserve.
Call 865-544-1974 to speak with an experienced
Tennessee legal malpractice attorney today!
Knoxville Tennessee 37902
Phone: 865-544-1974
Fax: 865-637-7662
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