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Legal Malpractice Settlement

$3 Million

A settlement was reached before trial for over $3 million on behalf of four adult males, who were the victims of legal malpractice committed by a large Salt Lake City law firm. The defendant law firm, which cannot be named for confidentiality purposes, failed on two occasions to serve a medical malpractice complaint on a timely basis and then lied about their negligence to the victims.

The four adult African-American males lost their mother to colon cancer. These young men, the oldest then 20, asked a large Salt Lake City law firm to investigate and file a medical malpractice case. Despite an internal memo in their file, the law firm on two separate occasions missed deadlines for filing the case. Instead of telling the clients of their mistake and the fact that they could not file a lawsuit, the law firm told the brothers that their case had no merit and that if they wished to continue, they would need to immediately deposit $40,000 to cover the costs of expert witnesses and other expenses.

Eisenberg, Cutt, Kendell & Olson’s attorneys were asked to give a second opinion on the merits of the medical malpractice case. After a review of the situation they discovered and filed a legal malpractice lawsuit. After a number of depositions which revealed that the law firm had made a conscious decision to cover up their wrongdoing, a settlement was reached in excess of $3 million.

Through this settlement, Eisenberg, Cutt, Kendell & Olson was able to provide financial resources so that one client could start his own business, a second can complete his master’s degree in business, the third can attend medical school, and the fourth, who has suffered from legal problems, can find a way to straighten out his life. Without the help and guidance of Eisenberg, Cutt, Kendell & Olson, not only would these young men have been injured by the loss of their mother through medical malpractice, but then the attorneys they hired to protect them would have caused them an even more grievous harm. “It was not only the money we were fighting for, but the reputation of the entire legal community,” said attorneys Jeffrey Eisenberg and Robert Gilchrist, who acted as co-counsel in representing and then settling the case for Eisenberg, Cutt, Kendell & Olson.

Lawyers Involved: