ACCIDENTS
    Car, Auto, SUV
    Semi-Truck
    Motorcycle
    Boating

INJURIES
    Dog Bite
    Nursing Home
    Wrongful Death
    Falling Injuries

PRODUCT LIABILITY

MEDICAL MALPRACTICE

LAWYER MALPRACTICE

BUSINESS DISPUTES

SERVICES FOR ATTORNEYS
    Mediator
    Legal Malpractice Expert

ABOUT JOHN HARL CAMPBELL

DISCLAIMER

CONTACT

HOME

=========================

John Harl Campbell
PO Box 3410
Camdenton, MO 65020
573.346.1155
573.346.7285 fax

=========================

John Harl Campbell
PO Box 480947
Kansas City, MO 64148
816.809.4528
816.569.2445 fax

=========================


SITEMAP

WEBSITE DESIGN

John Harl Campbell
EXPERIENCE * KNOWLEDGE * RESULTS
For a FREE CONSULTATION call
573.346.1155 or 816.809.4528
SERVING THE
STATE of MISSOURI

Do you have a legal malpractice case that needs an expert?  Mr. Campbell is an experienced and uniquely qualified attorney who can act as your legal expert witness.  Contact him today! 

Mr. Campbell can serve as your expert witness in legal malpractice cases throughout all of Missouri including Harrisonville, Cameron, Clinton, Monett, Sunset Hills, Smithville, Nevada, Kearney, Boonville, Brentwood, Warrenton, Olivette, Aurora, Pacific, Bonne Terre, Marshfield, Caruthersville, Trenton, Glendale, Battlefield, Savannah, Crystal City, Mountain Grove, Osage Beach, and Centralia  He has over 40 years of trial experience having tried at least 120 cases to a jury.  Mr. Campbell is recognized as a preeminent lawyer in his field having been selected by his peers as a Super Lawyer from 2006 to 2014.  He is AV rated by Martindale Hubbell, and is recognized as one of the one of the “Top 100 Trial Lawyers” in the United States.  He has represented clients in all types of vehicle accident cases including semi-trucks and motorcycles, personal injury litigation, dog bite litigation, nursing home trials, wrongful death claims, premises liability claims, product liability litigation, medical practice trials, legal malpractice litigation, and many different types of commercial litigation.  Mr. Campbell can serve as an advising malpractice attorney and an expert witness at trial.  He can advise, provide reports, and give testimony in cases involving attorney practice and standard of care, standard of conduct (ethics), professional negligence, abuse of process, lawyer-lawyer and lawyer-client disputes, fee disputes, and breach of fiduciary duties.

Attorneys are expected to exercise ordinary care, skill and diligence as the minimum standard of professional legal services in representing their clients.  Examples of negligent mistakes or violations of the “standard of care” that can result in liability include the following: mishandling of client trust accounts, failing to file necessary pleadings, failing to comply with statutory requirements or court rules, missing filing or recording deadlines, failing to properly identify or properly name parties in lawsuits, or failing to recognize meritorious claims. 

However, the mere fact that a lawyer was unsuccessful in representing a client is generally not sufficient, standing alone, to even suggest the possibility of legal malpractice.  This is because lawyers cannot guarantee specific outcomes and because many decisions made by lawyers are “judgment calls”, strategy or tactics as to which there is simply not a clear right or wrong answer.  A legal malpractice claim cannot generally be based on such choices, but instead needs to involve a more straightforward mistake or a failure to comply with an established requirement or precedent in the law, or some other broadly accepted standard of reasonable practice.

Damages are calculated as the amount of money the client would have been able to recover if the lawyer had met the appropriate standard of care and provided competent legal services. 

Before a legal malpractice case is undertaken, there must be a thorough evaluation of both the alleged attorney negligence and the underlying case.  Some lawyers representing plaintiffs have mistakenly assumed that if the previous lawyer blew the statute of limitations, then the liability is a foregone conclusion.  This is not the case.  A legal malpractice action is "a case within a case."

The first case is whether the defendant-attorney was negligent. The second case is whether the underlying matter would have resulted in a favorable prosecution or defense for the client who is the potential legal malpractice plaintiff.

A legal malpractice case is only as strong as the underlying case would have been if it had been properly prosecuted or defended. This aspect of the underlying case is the "causation" element. If the underlying case could not have been won, then the lawyer's malpractice in failing to file it on time caused no damages.  A losing underlying case is not converted to a winning case just because the lawyer negligently handled it.

Similarly, fee disputes with lawyers are relatively common, but generally will not warrant litigation or provide a valid basis for a legal malpractice claim. 

Contact Mr. Campbell today for the experienced expert witness help you need!

© 2015 John Harl Campbell, all rights reserved