If you entrust a lawyer with legal situation, you expect them to do the best job possible. However, in some cases, lawyers make your legal situation worse. In these rare cases, some people consider suing their lawyer for malpractice. However, legal malpractice cases are often complicated, expensive, and rarely result in a verdict for the plaintiff.
In a legal sense, malpractice means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances. To win a malpractice case against an attorney, you must prove four things:
- Duty - that the attorney owed you a duty to act properly;
- Breach - that the attorney breached the duty through negligence, making a mistake, or doing something other than what was agreed upon;
- Causation - that this conduct hurt you financially, and
- Damages - that you suffered financial losses as a result.
In a malpractice case, you must prove that your attorney made errors in how she handled your case. After that, you must demonstrate your case would be victorious if handled differently and, finally, you have to show that if you had won the underlying case, you would have been able to collect from the defendant.
The occupation of attorney claim many members and some certainly have acted without the best interest of their client in mind. However, not every action by a lawyer constitutes malpractice. For example, if your lawyer recommends a settlement for less money than originally estimated, this is not malpractice. You are advised to get a second opinion on your settlement, but you do not have a malpractice case. However, if your lawyer settles yoru case without your authorization, you have a malpractice situation. Your lawyer may not agree to a settlement without your approval. However, to succeed in a malpractice case, you will have to prove that the settlement your lawyer entered into was for less than your case was worth.
Malpractice is difficult to prove. If you have a situation that needs resolving, be sure to first contact your state’s attorney regulatory agency to determine next best steps. You may do best by avoiding the courtroom altogether.
Source: NOLO
