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Attorney Malpractice- How To Sue Lawyer For Malpractice

This is a discussion on Attorney Malpractice- How To Sue Lawyer For Malpractice within the Legal forums, part of the Lounge category; If you are considering an attorney malpractice lawsuit (legal malpractice suit), then you are claiming that you would have won ...

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Old 06-28-2008, 12:43 AM
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Wink Attorney Malpractice- How To Sue Lawyer For Malpractice



If you are considering an attorney malpractice lawsuit (legal malpractice suit), then you are claiming that you would have won the court case if not for the lawyer's malpractice (professional negligence). If you won your lawsuit, then lawyer malpractice is not for you. If you failed to win your legal case, it may be time to ask if your attorney acted in a way which prevented you from winning the case, and if a legal malpractice attorney will take your case.
Elements Of Attorney Malpractice

There are usually two elements in any legal malpractice case:

1- You should have won the lawsuit. Even if you had the worst lawyer in the world, it may not have made any difference in the outcome of the trial. Even if you had the best legal representation that money can buy, you may have lost anyways. In other words, you must prove as the first element in any lawyer malpractice case that you could have been successful in the lawsuit. If you can not prove this element, you will not be successful in the professional malpractice case.

2- The attorney committed malpractice. It's not enough that you had a "bad" attorney. In this second element you must prove that the lawyer actually committed malpractice. Common examples of malpractice includes not filing the suit within the statute of limitations and failing to file suit in the proper jurisdiction. It is important to note here that the acceptance of a settlement deal will often prevent you from being able to claim that the attorney was professionally negligent.


Finding A Legal Malpractice Attorney

Finding an attorney for a medical malpractice case is usually very easy. Finding a lawyer that will file suit against another lawyer isn't always so. Just as friends within a profession often stick together (the first thing that comes to my mind if how doctors are reluctant to testify against each other), the same can be said in the legal profession. Therefore the first step in finding representation in a legal malpractice case is simply to find out which attorneys in your jurisdiction handle these type of cases.

Once you find out who is available to represent you, the next step is to choose the best legal counsel that you can. A starts list of great questions to ask includes:

1- Are you licensed to represent me in my jurisdiction?
2- How long have you been licensed?
3- How many lawyer malpractice cases have you been involved in?
4- Are you hesitant about suing attorneys?
5- Are you familiar with my former lawyer, and are you friends with him?
6- Will you take this legal negligence case on a contingency basis?
7- In your expert opinion, do I have a valid case against my former counsel?
8- How often do you keep your clients updated on the progress of the case?
9- Will you give me a valid time frame for this suit to be completed?
10- Do you see any possible obstacles in this case?
11- Is there anyone else that you would suggest to represent me in this attorney malpractice lawsuit?
12- What are the total amount of damages that you believe I am entitled to?
13- Would you want to quickly settle this professional negligence case, or would you rather take this to trial?

Just remember that if you are not comfortable with the first counsel that you speak with, you should talk to many more until you find a malpractice attorney that you are comfortable with. As most jurisdictions give you up to one year to file suit, and the initial consultation should be free, nothing should stop you from speaking to as many lawyers as you need to until you find the right "fit".
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Old 07-08-2009, 10:12 PM
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The initiative taken for the concern is very serious and needs an attention of everyone. This is the concern which exists in the society and needs to be eliminated from the society as soon as possible.


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Old 11-24-2009, 01:55 PM
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