Hard Facts Regarding Legal Malpractice
Well, here’s the bad news when it comes to suing a lawyer for hiring legal malpractice attorneys to press for a judgment against a lawyer. Many professional mistakes by lawyers fall in the no harm, no foul category. There is a heavy burden of proof when it comes to suing a lawyer. It is the burden of the plaintiff in a legal malpractice case to establish that, but for the below standard performance of the lawyer, the plaintiff’s case would have resulted in a judgment in his favor, whatever that case may have been. In most cases, the error is quite apparent, and the ruling is over causation and damages. But often the damages do not amount to enough to make the case worthwhile on a contingent fee basis. So often the client will have to pound sand and take it up with the Bar Counsel.
Legal Malpractice Insurance Carries Aggressively Defend Claims
The legal malpractice attorneys who are assigned to defend these claims by legal malpractice insurance carriers are a highly competent and aggressive group of lawyers. They are quite adept at casting a cold, analytical eye on the performance of an opposing attorney and any damage that may have flowed from it, and they usually make life quite difficult on those pesky causation and damages issues. They will also tell you objectively whether, based on their assessment of the claim, you should stand and fight or get the best settlement you can.
Do’s And Don’ts Of Legal Malpractice Cases
Over the years, certain patterns have emerged in legal malpractice cases that have suggested some fundamental “Do’s” and “Don’ts”. It is important to identify the types of errors and behaviors that get lawyers into trouble. Armed with this information, you can decide if you can make a legal malpractice claim against a lawyer who has affected your life. If you need assistance pursuing such a case, contact a legal malpractice attorney and find out if you have a good case.
