Questions & Answers about Legal Malpractice

Elements & Defenses in Legal Malpractice Cases

• What elements must a plaintiff prove in a legal malpractice claim?
• What is the time limit for bringing a lawsuit for lawyer negligence?
• Are there other kinds of claims against lawyers besides negligence claims?
• What defenses are available to the lawyer who committed malpractice?
• How do the ethical duties of a lawyer and the ethical rules governing lawyer conduct relate to a legal malpractice claim?

Practical Considerations in Legal Malpractice Cases

• What should I do if I think I have a claim against my lawyer for malpractice, but the matter is ongoing and he or she is still representing me?
• What costs are involved in prosecuting a legal malpractice case?

Damages in Legal Malpractice Cases

• What kinds of damages can I recover in a legal malpractice case?
• Are there limitations on the amount of damages I can recover in my legal malpractice case?
• To prove damages in my legal malpractice case, do I have to prove that I could have collected on a judgment against the defendant in the underlying case if I had won?
• How do I establish damages in a legal malpractice trial?
• Can I use my former lawyer’s arguments about the value of my underlying case to support my claim for damages in my legal malpractice case?
• Do I have to subtract from my damages in the legal malpractice case the attorney fees I would have had to pay my first lawyer if we had won the case?

Proof in Legal Malpractice Cases

• If my former attorney already tried the case negligently, how do we prove in my malpractice case what a judge or jury would have done differently if the case had been presented properly?
• What is the proper role and use of experts in legal malpractice cases?

Attorney fees in Legal Malpractice Cases

• Can I recover in my legal malpractice case the attorney fees I have to pay to my legal malpractice attorney?
• Do I have to subtract from my damages in the legal malpractice case the attorney fees I would have had to pay my first lawyer if we had won the case?

Settlements in Legal Malpractice Cases

• Are there any special rules for legal malpractice cases involving lost settlement opportunities?
• If I believe my lawyer committed malpractice, and my case is ongoing, what impact might a settlement of the case have on my legal malpractice claim?

Insurance in Legal Malpractice Cases

• Is there insurance available to pay me a settlement or judgment for my attorney’s mistakes?
• How does lawyer malpractice insurance work?

Assignment of Legal Malpractice Claims

• Can malpractice claims be assigned to other persons?