Wednesday, February 10, 2010

What's My Case Worth: Legal malpractice


How much would you want to be paid to spend several days in jail as a result of a lawyer's advice?

Me, I'd want at least $1,000,000... unless the time in jail kept me from going to my in-laws. (Ba-dum bum. I'll be here all week.)

In Racine County, Wisconsin, though, a couple days in jail is worth $45,000 -- or less, once you factor in the law and all.

In Rice v. Baraty, Robert Rice sued Cheryl Baraty and her law offices for malpractice in advising him about custodial rights as a parent. Rice had consulted with Baraty about his child, telling her that he'd signed an acknowledgment of paternity but that there were no orders for custody and placement.

Shortly thereafter, Rice, the child, and the child's mother met at a restaurant to discuss these issues. Mom left the restaurant, leaving the kid behind with Rice. Rice called Baraty and asked what he should do, and Baraty told him to take the kid to a motel for the balance of the weekend in order to give him a chance for substantial placement of his child. Baraty supposedly promised to call Mom's lawyer after the weekend -- but seems to have never done that.

Rice ended up being charged with a felony, and spent several days in jail. (A review of CCAP shows that all charges were dismissed about 3 weeks after filing them.) He then sued, and a jury in Racine County awarded him $45,000. But because the jury apportioned 40% of the negligence to Rice, he'll collect only about $27,000.

0 comments:

Post a Comment

Related Posts Plugin for WordPress, Blogger...