Selecting a legal malpractice attorney is a careful process because, if you are seeking one, you have obviously had an unfortunate experience with a prior attorney. Below are some things to consider in selecting a legal malpractice attorney who will serve you well.
First, because you are suing a lawyer, you want to make sure your potential legal malpractice lawyer does not know this person. The legal community can be very small and conflicts of interest present themselves. Before you waste any time, confirm that there are no conflicts of interest.
An example of a conflict of interest would be if your potential legal malpractice attorney represents someone at the same firm as your former lawyer.
Next, you want to make sure that your potential legal malpractice attorney has solid experience in this area. Look for at least ten years of experience and a track record with cases similar to yours. Ask about prior similar cases and how they were resolved.
Come up with a strategy together. You and your attorney should be on the same page and he should understand and strive to meet your goals, or at least tell you if your goals are not reasonable and why not. You must have an open dialogue to ensure that your potential legal malpractice attorney understands what you expect and vice versa.
You should also ask about what to expect in terms of proceedings, such as how long things usually take and what will be asked of you. In terms of documentation, you may be asked to recount a timeline of what took place and produce prior emails and correspondences. You will only help your case and your attorney by having this information organized and readily available.
There is a heavy burden of proof in legal malpractice cases. You must prove that your former attorney didn't simply make a mistake but that, if not for the mistake, you would have had a positive result. Discuss this with your attorney. Be sure to understand how you will try to prove this.
In terms of the client/attorney relationship, your attorney works for you and that means you can expect that he returns phone calls in a timely manner and answers questions in plain English. Set up a plan for communication so that you are kept up to date on the status of your case.
In terms of fees and costs, legal malpractice cases are handled on a contingency basis. This means that you pay nothing unless you win. If you win, your attorney gets a portion of the recovery amount. If you lose, your attorney gets nothing. It is part of doing business in this area of the law. You should also advance nothing for costs. Your attorney should advance court fees and other costs and either be reimbursed from the recovery amount or absorb the costs as a business expense.
Before you meet with a potential legal malpractice attorney, keep the above in mind to ensure that you are hiring the right attorney for you.
First, because you are suing a lawyer, you want to make sure your potential legal malpractice lawyer does not know this person. The legal community can be very small and conflicts of interest present themselves. Before you waste any time, confirm that there are no conflicts of interest.
An example of a conflict of interest would be if your potential legal malpractice attorney represents someone at the same firm as your former lawyer.
Next, you want to make sure that your potential legal malpractice attorney has solid experience in this area. Look for at least ten years of experience and a track record with cases similar to yours. Ask about prior similar cases and how they were resolved.
Come up with a strategy together. You and your attorney should be on the same page and he should understand and strive to meet your goals, or at least tell you if your goals are not reasonable and why not. You must have an open dialogue to ensure that your potential legal malpractice attorney understands what you expect and vice versa.
You should also ask about what to expect in terms of proceedings, such as how long things usually take and what will be asked of you. In terms of documentation, you may be asked to recount a timeline of what took place and produce prior emails and correspondences. You will only help your case and your attorney by having this information organized and readily available.
There is a heavy burden of proof in legal malpractice cases. You must prove that your former attorney didn't simply make a mistake but that, if not for the mistake, you would have had a positive result. Discuss this with your attorney. Be sure to understand how you will try to prove this.
In terms of the client/attorney relationship, your attorney works for you and that means you can expect that he returns phone calls in a timely manner and answers questions in plain English. Set up a plan for communication so that you are kept up to date on the status of your case.
In terms of fees and costs, legal malpractice cases are handled on a contingency basis. This means that you pay nothing unless you win. If you win, your attorney gets a portion of the recovery amount. If you lose, your attorney gets nothing. It is part of doing business in this area of the law. You should also advance nothing for costs. Your attorney should advance court fees and other costs and either be reimbursed from the recovery amount or absorb the costs as a business expense.
Before you meet with a potential legal malpractice attorney, keep the above in mind to ensure that you are hiring the right attorney for you.
