Betrayed Trust and Livelihoods in the Balance: Ohio Malpractice Attorneys Find Justice

In this modern age of specialization, we rely now more than ever on experts to help us with complicated tasks. But what happens when there’s a breakdown in that trust? One of our clients found out the hard way.

A promising business is imperiled

Like a lot of inventors, Liam Moore* was extremely proud of his invention. While the terms of an eventual settlement prevent us from revealing the exact nature of his technology, Liam’s invention would change people’s lives—and provide him, his company, and his employees with considerable income.

Liam started small, gradually growing a company around his invention. He relied heavily on his lawyers and other experts who knew the ins and outs of the industry, especially in the matter of patents, a crucial element for a company like his.

For all his carefulness, however, he never anticipated the possibility that the experts he trusted so much would threaten his life’s work.

When you get a patent, as Liam had for his invention, you’re required to file certain paperwork and pay a maintenance fee in order to show the government that you’re using your invention. Otherwise, the government will open up the idea to the rest of the world.

For some reason, Liam’s patent lawyers, ostensibly experts looking after Liam’s own interests, missed one of his maintenance fee filing deadlines. By the time this was discovered, one of his most important patents had lapsed, and competitors were allowed to use and profit from his idea.

Liam’s invention was no longer his anymore, and competitors had taken advantage of their opportunity. Liam’s livelihood, and those of his employees, hung in the balance.

Layers and layers of a complex case

When Liam asked us to represent him, we knew we had our work cut out for us. This kind of case has many layers of complexity, because not only are we trying to prove relatively simple things—like how a law firm missed a filing deadline and failed to alert its client—but we’re also trying to prove there was patent infringement that resulted in damages (and what those damages actually were). We call that proving the “case within the case,” and it can become highly technical.

To further complicate things, deep emotions ran through this case. First, Liam felt a tremendous sense of betrayal from his original attorneys. Not only did those attorneys commit malpractice, but then as a defensive tactic, they actually started attacking Liam and the validity and quality of his patent.

Second, and most tellingly, this was a “bet-the-company case.” Losing the case could destroy the entire company, costing the jobs of everybody employed there.

We dove right in.

Our Ohio malpractice attorneys go to work

Believe it or not, the defendant law firm’s first argument was “no harm, no foul.” They assailed the patent itself, claiming that if it had ever been challenged, it would never have stood up. Then they pointed the finger at Liam: “We thought you really weren’t interested in this patent. Maybe you should have been a little more attentive to it. Maybe you should have told us more. How do we know that you really patented anything special?”

To fight on Liam’s behalf, we took a number of actions. Although the malpractice portion of the case was fairly straightforward, the “case within the case” more than made up for it in complexity.

One of the approaches we used for determining damages was to look at the products Liam’s competitors brought to market after his patent had lapsed. We had economists and experts identify those products’ market reach and analyze what royalties Liam would have received if somebody had been caught infringing on his product or patent.

We also had to become, in a sense, experts in Liam’s technology ourselves. To understand the case—the infringement, the damages, and everything in between—we had to work closely with industry experts to learn and understand the technology behind Liam’s product. Steeping ourselves in the engineering aspects of his invention allowed us to effectively and knowledgeably cross-examine our opponent’s experts and other witnesses.

While it doesn’t always pertain directly to the courtroom and the lawsuit itself, business cases (which may seem like dry affairs) still require caring and counseling. Our opponents had ruined the business Liam had spent years of hard work and sacrifice to build, and then attacked his invention and conduct. In such emotionally charged situations, providing stability, advice, and an outlet for our clients to express themselves—even if just to vent—can be invaluable to help them process what they’re going through.

Livelihoods preserved, justice served

In the end, all of the preparations and hard work paid off: The law firm settled fairly.

Needless to say, Liam was very happy and relieved. Not only would he and his employees have a chance to stay in business, but the spurious allegations about his invention and his handling of the patent were effectively disproved.

As it happens, this outcome turned out to be crucial. With the settlement, Liam was able to pivot his business and focus it on some of the other patentable ideas and products he had been developing. It enabled the company to stay in business, keep its employees, and maintain its operations.

For our part, we were gratified to see Liam not only get the justice he sought, but also be able to keep running the company in which he’d invested so much time, money, and passion. It was gratifying for us in another sense, too. For us as professionals, the kind of rigorous intellectual exercise that comes with preparing for a complex case, requiring a deep knowledge of a new industry, was as rewarding as it was challenging.

There’s a natural curiosity our lawyers have, about how the world works, and how people interact, and how the law should govern and support us. Add to that a passion for justice and helping people through their toughest times, and you can see why a difficult case like Liam’s didn’t scare us away—it just made us work harder.

*Names in this article have been changed to protect our client’s privacy.

 The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

Vindication: Ohio Malpractice Attorney Helps a Wrongly Convicted Veteran

Rich* was a military veteran whose dream was to own a bar. When a member of his waitstaff, Julia*, started showing up for work with bruises and a black eye, Rich stepped in. He knew Julia’s boyfriend. In fact, Rich had kicked the boyfriend out of his bar before. Rich suggested to Julia that she move out of her place, and he even offered her a room above the bar until she could get the situation sorted out. She agreed.

Julia arranged to meet her boyfriend in a parking lot to tell him she was leaving him, and Rich came along to provide support. The boyfriend showed up, drunk, still wearing his tool belt from his carpentry job. When he started yelling at Julia, Rich got out of his truck and came over to be peacemaker. The boyfriend started throwing tools at Rich, and then rushed at him.  Rich’s military training allowed him to dodge the attack, and the boyfriend ended up face-first on the ground.

At that moment, the police arrived. After getting an understanding of why Rich had gotten involved, they sent all parties on their way. Rich and Julia left to move her things out of her apartment, and Rich thought that was the end of it.

But he was wrong.

Wrongfully arrested

What Rich didn’t know was that Julia had told some of her other friends about her trouble with the boyfriend—and those friends took it upon themselves to administer their own private justice that same night. While Rich, Julia, and the rest of Rich’s employees were closing the bar, the boyfriend was receiving a terrible beating. When the police asked the boyfriend who was responsible, he blamed the beating on Rich, who was arrested.

Being arrested for a crime he didn’t commit was bad enough, but Rich’s troubles got far worse.

A case of legal malpractice

Rich’s friends raised bail money and found him a defense attorney in the phone book. However, every time Rich wanted to talk to his defense attorney, he had to hand over a large sum of money (always in cash). The attorney seemed more interested in getting paid than building a case. He wouldn’t even take time to meet Rich’s alibi witnesses.

Several months later, out of the blue, Rich got a call from his attorney, who told him they were going to trial the very next day. Rich hadn’t spoken to his lawyer or his alibi witnesses in months. Those crucial witnesses had moved out of town.

Rich knew there was no way his case was ready for trial, but because his lawyer had already received several continuances, Rich wasn’t going to be able to get another. There was going to be a trial the next day.

The trial was a joke. The defense attorney wasn’t the only one who didn’t do his job correctly. The prosecutor in the case got many of the facts wrong. Normally, it’s up to the defense attorney to spot such mistakes in a prosecutor’s case, but because Rich’s attorney was woefully unprepared, he didn’t call the prosecutor out on any of the errors.

Because of his defense attorney’s malpractice, Rich was convicted of a crime he didn’t commit, and was sent to jail.

Getting out of jail

Rich’s appeal was handled by a different lawyer, a court-appointed one, who saw instantly how horrible Rich’s defense had been. What’s more, when approached, the prosecutor’s office admitted they’d made a mistake.

By that time, Rich had spent two years in jail. The prosecutor told him that if he would plead guilty to a lesser charge like disorderly conduct, he’d get out right away. But Rich didn’t want to plead guilty because he hadn’t done anything wrong. His reputation already damaged, he wasn’t about to accept the blame for another crime he didn’t commit.

It took another year before Rich’s conviction was overturned. That was when he needed an Ohio malpractice attorney, so he called us.

The malpractice case

Rich was very bitter when we first met him—understandably so. We knew for Rich to feel that justice was served, he needed two things:

  • Compensation for the time spent in jail and the legal malpractice.
  • A clear demonstration that he was entirely innocent.

We worked like heck to get both for Rich. We knew we’d need to call experts to discuss what Rich’s lawyers should have done, and we also needed to find the alibi witnesses and have them testify about what they’d seen.

In the end, our case was successful. Rich was compensated for the time he spent in jail, time he should have been spending running his bar and living his life. Because it was a civil trial, it wasn’t the jury’s job to rule on Rich’s guilt or innocence. However, there’s a part of the legal process called jury interrogatories, where lawyers can ask specific written questions of the jury. Through these interrogatories, we were able to get an answer from the jury:  Rich was innocent.

Vindication

Immediately after the verdict,  the  defense lawyer who had bungled Rich’s case offered to settle for a little less than the jury had awarded, just to forestall appeals and make the case go away. Rich agreed.

On the way out of the courthouse, in front of the press, Rich added one condition. He wanted $500 of the settlement to be paid immediately, by the defense attorney, in cash. At first the defense attorney protested, saying he didn’t carry that kind of money around. But in the end, he peeled off the required amount, counting $20s one at a time from a roll of cash in his pocket.

Maybe he remembered how the attorney had always demanded cash from him, or maybe it was out of a sense of vindication, but either way, Rich looked tremendously satisfied as the defense attorney counted out the money.

*Names in this article have been changed to protect our client’s privacy.

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.