How to sue an attorney for malpractice
If you’re involved in a situation in which you need the services of an attorney, it usually means that you’re not able to resolve the issue on your own. So, the next step is to hire an attorney in whom you trust will do their very best to help you.
But what happens when the attorney that you put your trust in fails you and even makes your situation worse? You have a legal right to sue that attorney for legal malpractice. For your case to be successful, you must prove that your attorney exhibited negligence in the handling of your case and that, if this negligence hadn’t happened, you would have received a more favorable settlement, jury award, or outcome than you did.
In order to win a legal malpractice case, you must be able to prove four things:
- Duty — your attorney owed you a duty to act in a proper manner
- Breach — your attorney breached the duty due to negligence, error, or not doing what was agreed upon when he or she took your case
- Causation — your attorney’s conduct hurt you financially
- Damages — you suffered financial losses as a result
If you’re wondering how to sue an attorney, there are several steps that you need to take:
- Obtain your case file from the original attorney
- Gather all the documentation that pertains to your original case
- Contact an attorney that specializes in legal malpractice to schedule a consultation
Example cases
The basis behind most if not all legal malpractice cases are problematic attorney-client relationships, including a lack of communication, dishonest or unethical behavior, deficient legal work, and billing issues.
The following are examples of negligence on the part of an attorney that could precipitate a legal malpractice claim:
- Failing to maintain communication with his or her client
- Missed deadlines for filing documents such as witness statements
- Taking on a case that he or she is unqualified to handle
- Overcharging a client
For example, you were hurt in a slip and fall personal injury case. The attorney that you hired not only missed crucial deadlines for filing your case, but was not qualified to handle a personal injury case of this nature. The judge dismissed the case, and you can’t re-file.
By obtaining witness statements from the scene of the accident and medical records that attest to your injury, you can prove negligence on the part of your original attorney in handling your case and that this resulted in financial harm. You may be able to successfully sue the attorney in question.
Hire an attorney to sue the attorney
If you feel that you have a case for legal malpractice, it would be in your best interests to seek the services of an experienced attorney to sue another attorney for legal malpractice. Scott S. Harris, one of the best attorneys in San Diego, has a lot of experience when it comes to handling cases involving legal malpractice.
Scott Harris is dedicated to righting the wrongs that you’ve suffered and will work tirelessly to get results on time. Contact our office to schedule your free consultation.