• Avoiding Legal Malpractice: What You Don’t Say Can Be Used Against You.
  • January 3, 2014 | Author: Jason M. Bruno
  • Law Firm: Sherrets Bruno & Vogt, LLC - Omaha Office
  • As lawyers, we recognize and protect against obvious acts of malpractice such as failing to file a complaint within the applicable statute of limitations period and missing a disclosure deadline for evidence or experts. However, most of the phone calls that I receive regarding claims of legal malpractice relate to circumstances where a lawyer stood silent or failed to give adequate advice to enable the client to make an informed decision. Nebraska lawyers should be cognizant of the Nebraska Supreme Court’s decision in Wood v. McGrath, North, Mullin & Kratz, P.C., 256 Neb. 109, 589 N.W.2d 103 (1999). Within Wood, the Nebraska Supreme Court stated that: “A lawyer should exert his or her best efforts to ensure that decisions of a client are made only after the client has been informed of relevant considerations.”