It Is Possible to Sue a Lawyer for Malpractice

Added: (Fri Feb 26 2010)

Pressbox (Press Release) - Most people think that there is no way they can sue their lawyer for malpractice. This is not the case, and lawyers may indeed be sued for malpractice.

Usually, a legal malpractice case addresses a negligent or careless act committed by a lawyer. “While this tends to have a rather broad meaning, in order to understand what a legal malpractice lawsuit entails, and what requirements need to be met to file one, speak to a skilled attorney with expertise in this area. Often the main thing that needs to be proven in cases of this nature is that the act(s) committed by the attorney caused the client financial or compensable harm,” indicated Brooks Schuelke of Perlmutter & Schuelke LLP, Austin personal injury attorneys.

The one thing that most people tend to forget when they are considering filing a malpractice suit against a lawyer is that they need to file it on time. “Meaning they need to file before the statute of limitations runs out, thus barring any further action,” added Schuelke. “Other things typically forgotten when suing an attorney for malpractice are failing to hire an expert to prove liability or damages and not filing the proper documentation in the courts. If the right papers have not been filed, this will almost always result in the case being dismissed,” he outlined.

If the act or acts of an attorney has caused a client a significant loss and damages are in excess of $100,000, it’s critical that an experienced trial lawyer with a track record dealing with cases like this is consulted.

Handling and presenting legal malpractice cases is delicate work, as they are unusual and unique. “Often they are complex and have a double burden of proof attached to them; meaning the plaintiff has to prove that the attorney did commit malpractice and prove damages by also trying the case that the prior attorney (the one being sued) handled when the malpractice occurred,” said Schuelke.

To say this is a bit confusing is likely an understatement and sorting out the case within a case is best left to the expertise of a skilled trial lawyer. Only the attorney will be able to best decide which experts are needed at trial. For example, other lawyers, doctors, economists or even private investigators may be needed.

Trials such as this do tend to be expensive, and in most instances, the attorney conducting the trial will do so based on a contingency basis. This means if the case is won, the law firm would then be reimbursed for the legal fees. “Make sure this information is made clear right up front if a legal malpractice suit is about to be filed,” commented Brooks Schuelke of Perlmutter & Schuelke LLP, Austin personal injury attorneys.