Suing an attorney for malpractice can be a stressful, costly, and drawn-out process. However, if you have a legitimate case that shows your attorney’s negligence caused you harm, you may have no other option.
Before you decide to sue, it’s important to understand the process and any potential consequences that could result.
Review the Malpractice Law
Before you pursue legal action against your attorney, you must understand the relevant malpractice law. In most states, legal malpractice involves an attorney failing to use the care and skill of a reasonably competent attorney in the same specialty.
The negligence must be the direct cause of the harm done to the plaintiff, so you’ll need to prove that the injury would not have happened if the attorney had acted competently.
You’ll need to provide evidence that your attorney acted negligently and that this negligence caused harm to you. This evidence could include copies of your attorney’s documentation, including emails, letters, contracts, and other relevant documents. You should also have letters of opinion from expert witnesses that explain how your attorney’s negligence resulted in harm to you.
If you sue your attorney for malpractice and the case goes to trial, the attorney could defend against your claims. If you are unable to demonstrate negligence and harm, you could be required to pay your attorney’s legal fees. Even if you win your case, you may only recover the amount of money that you were damaged, not an amount for the attorney’s incompetence.
Suing your attorney for malpractice can be an intimidating process, but if you have a legitimate case and you take the correct steps, you may be able to recover damages and hold your attorney accountable.