Can I Sue My Attorney?
Lawsuits against lawyers and attorneys are called “legal malpractice” cases.
Lawyers can screw up in a number of ways. The most common errors that lawyers make are failing to file cases or notices in time – blowing a statute of limitations. And failing to file costs the client their claim. For example failing to give a town notice of a sidewalk or road defect.
Can I Sue My Attorney? What Do I have To Prove?
In a legal malpractice action, the client must prove 3 elements:
1) there was an attorney-client relationship;
2) the attorney departed from the standard of professional care owed to protect
the client’s legal interests in that matter; and
3) this departure caused harm to the client.
These three elements to win a legal malpractice case. In order to win, a plaintiff must prove all three.
Attorney Client Relationship Legal Malpractice Lawyer
An attorney client relationship can be proved by the existence of a fee agreement. It can also be proven through an admission by the attorney of such a relationship. Failing to have a fee agreement can be an ethical violation for an attorney.
The Case Within A Case
A simple mistake does not give rise to legal malpractice. The mistake must result in harm. This often is referred to as “a case within a case”. A person seeking to prove legal malpractice must prove that it was more likely than not that he would have prevailed in the original case.
For example if your lawyer blew the statute of limitations on a case that you would have lost there is no claim for legal malpractice. There would be no harm to you.
Hiring A Legal Malpractice Lawyer
You need to hire a lawyer who understands both the responsibilities of lawyers and how to win an underlying injury case.
When we prosecute legal malpractice cases against attorneys who have screwed up – I hire and consult with expert attorneys. I am also called upon by other attorneys to serve as an expert witness.
If you believe you have a legal malpractice claim please contact Ryan McKeen at 860 471 8333. The only way to know “Can I sue my attorney” is to schedule a no obligation consultation.
I’m a lawyer who wants you to know your rights. I’ve set up the Legal Malpractice Vault to empower you.
You may also like to know if your lawyer has legal malpractice insurance?