$5 Million Legal Malpractice Verdict Hits Super-Volume Law Firm

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In October 2018 – just 45 days ago – a jury returned a $5 million malpractice verdict against a law firm who runs ads for seemingly every kind of case and tragedy.  The firm, Morgan and Morgan, blankets airwaves, billboards and buses with their ads. One news article shockingly reports that “Morgan & Morgan has taken in 17,000 cases a month. . .” with one observer saying, “You can’t do that. . .You’ve got to deal with the people. People have problems and people need things taken care of.”  That law firm’s website says it will take cases in almost 50 different fields, with many of those categories expanding into even more subcategories.  Broken pipes, hurricanes, cellphone towers, amusement parks, dog bites, boats, trains – you name it, it might be on the list.  Many of the categories are completely unrelated to the others.  The firm runs ads in many states but typically only mentions the city where the advertisement is running, which some think is designed to create the impression it is a small local firm.

But what about clients with a specific type of claim that needs dedicated focus and heavy expertise – not a little experience in each of a hundred fields, but a lot of experience in the one that matters to that client or family?

It is not our place to comment on the details of the malpractice verdict, other than to say our approach to representing clients is very different. We specialize in employee rights.  We handle no other type of case.  We’ve made that clear in all our practice statements.   In our judgment, factory-style law firms pose grave risks to both clients and the law firms themselves.  Legal cases are extremely complex.  This is certainly true in employment law.  That is why our deep expertise is critical to client success.   Successfully representing employees requires extraordinary focus.

In the malpractice lawsuit against Morgan and Morgan, the lawsuit alleged that the firm failed to protect the legal rights of a mother whose baby suffered terrible brain injuries during delivery.  Often, the mother has the legal right to bring claims for both her child and herself.  The mother in this case suffered her own terrible injuries.  In this lawsuit, the clients alleged, Morgan and Morgan failed to properly pursue the mother’s claims and eventually withdrew from representing the mother at all.  As a result, the lawsuit claimed, the mother lost her legal rights.  The jury awarded $5 million against the firm.  A judge upheld this award on December 9, 2018.

Choosing a lawyer and law firm is a critical decision for you.  It isn’t one that should be made based on a passing bus, a billboard, or a 30-second commercial.   If you’re looking for an attorney to represent you in an employment case, ask the questions we suggest here, under the title “Questions to Ask A Lawyer Before You Hire One For Your Workplace Case.”


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