When To Sue An Attorney For Malpratice
The legal profession is now entering its own malpractice law suits. The number of suits brought against attorneys by clients is increasing, and the availability of malpractice insurance is decreasing.
Ground Rules for considering a suit against your Lawyer
1// When malpractice is charged in connection
with litigation, the client must show that the litigation would have ended with a result more favorable to him/her if the attorney hadn't been neglectful.
2// When the Attorney falls below the standards of skill and knowledge ordinarily possessed by attorneys under similar circumstances, expert testimony is needed to support the charge. And the standard may be affected by specialization (which raises the standard of care required), custom, and locality. Locality and custom can't lower the standard, but they may be used in defense to show that the procedure or law involved is unsettled.
3// When an Attorney over charged or made false Assumptions about your case, you will need proof of this argument.
4// Language: understanding the convoluted terminology in law policies is a major block for the clients. To negotiate successfully, you must be comfortable with the language. If you do not understand, ask the lawyer to explain in plain English.
5// Document everything completely, make sure that the lawyer gives you the right document. If it is a false document or is a different paper than the one he has on file, you may have a case for false documentation.