If you wish to sue your lawyer for breach of contract, breach of fiduciary duty, or for negligence, you will have to file a legal malpractice claim. However, it is not very easy to prove such a claim in court. In order to win the lawsuit against your attorney, you would be required to furnish proper documents, as well as expert witnesses to prove the following 3 things:
1) The attorney in question owed you a duty to represent your case adeptly.
Lawyer Malpractice
2) The duty that he/she owed to you was breached or not fulfilled.
3) Negligence or contravention of duty by the attorney to competently represent your case led to your financial loss.
Also bear in mind that suing a lawyer is very expensive. As a large majority of such claims are difficult to prove, legal malpractice attorneys usually charge a contingency fee that may range between 40-50% of the total compensation amount you would eventually receive on winning the case. Therefore, in order to ensure that you win the case and your time and money do not go waste, following 2 points have to be established during the court hearing of the case:
1) It would have been possible to win the underlying case if the attorney in question had not committed a mistake.
2) It would have been also possible to collect on a judgment on your underlying case after winning the case.
Needless to say, the above things are very difficult to prove and require a lot of research and hard work from your legal malpractice attorney. Another thing you should be aware of before proceeding to the court is whether or not the attorney in question has a malpractice insurance to cover all your losses. This will help you and your new attorney to determine if your provable losses are worth devoting the time and energy to take the matter to trial.
Last, but not the least, if you are determined to file a lawsuit and sue your lawyer successfully, make sure you contact a malpractice attorney right away and get the lawsuit filed within the 'statute of limitations', which can be as short as 1 year.
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Contact Legal Malpractice Attorneys: Find contact details of local courts and tips to search malpractice lawyers on FreeLawyerTips.com
Also, Get expert legal advice on the Pros & Cons of Suing Lawyer: Find out whether or not it is right for you to file a malpractice suit against your attorney
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