Louisiana Personal Injury Lawyer Blog
If you retain a lawyer, you expect they will fairly represent you. What happens if after you hired a lawyer, you learn that lawyer had previously represented one of the parties you are suing, multiple times? Just like in other lawsuits, it is essential that you file any lawsuit within the required time period for bringing a claim. If you wait too long, then a court may be unable to hear your claim.
A tractor trailer hit John Hoogacker’s vehicle while he was driving in Orleans Parish, Louisiana. Hoogacker hired Charles Hughes Jr. to represent him in a lawsuit against the truck driver and the truck’s owner. Hughes filed the lawsuit, brought on Brian Trainor as co-counsel, and retained expert witnesses. During a mediation, Hoogacker first learned Hughes had previously represented the truck’s insurance carrier multiple times. Hoogacker claimed Hughes pressured him to sign a settlement agreement. Hoogacker refused to comply with the settlement agreement.
Hughes and Trainor filed motions to withdraw as Hoogacker’s counsel and to enforce the settlement. Hoogacker retained new counsel and agreed to proceed with the original settlement and release Hughes and Trainor from any claims. Hoogacker then file a lawsuit against Hughes and Trainor, alleging they conspired to commit fraud with the truck’s insurance carrier by not disclosing that Hughes had previously represented the carrier multiple times. Hughes and Trainor filed a motion claiming Hoogacker had no cause of action against them and had waited to file his lawsuit. The trial court granted the motion.
Although the Hoogackers’ claim against Hughes and Trainor did not specifically allege legal malpractice, it did claim Hughes and Trainor had committed fraud and misrepresentation. Because the trial court had litigated the claim as a legal malpractice through fraud claim and no one had previously objected, the appellate court also treated it as a legal malpractice claim. La. R.S. 9:5605 governs the time period for raising a legal malpractice claim. It establishes a legal malpractice lawsuit must be brought within one year of when the alleged malpractice occurred or within a year of when the individual discovered the alleged malpractice. In all instances, the legal malpractice action must be filed within three years of the date when the alleged legal malpractice occurred.
Here, Hoogacker filed the legal malpractice lawsuit over a year after when he first discovered Hughes had previously represented the truck’s insurance carrier. When a lawsuit involves fraud, as defined in La C.C. art. 1953, the typical period for filing a lawsuit does not apply. The appellate court held Hoogacker had sufficiently alleged fraud. Therefore, the appellate court vacated the trial court’s judgment Hoogacker had waited too long to file the lawsuit against Hughes and Trainor.
When hiring attorneys, it is important to consider whether they have any potential or actual conflicts of interest. If you subsequently discover you think your attorney acted fraudulently, it is important to consult with another attorney who can advise you on the timeline you have for filing a claim against your initial attorney.
Additional Sources: John and Wendy Hoogacker v. Charles Hughes Jr., et al.
Article Written By Berniard Law Firm
Additional Berniard Law Firm Article on Peremption in Legal Malpractice Claims: Peremption Prevents Injured Longshoreman from Bringing Legal Malpractice Claim Despite Lack of Notice