When you turn to an attorney for assistance, you believe they’re going to do all they can to help you. Unfortunately, not all attorneys are made equal. You might end up with a bad egg.
If your attorney is dishonest or does not do all they can to appear in court on your behalf, then it is an option to file a legal malpractice case. One option that could help you avoid trial is to go through arbitration.
How does arbitration help a legal malpractice case?
Arbitration is a formal process, but it is not as formal as a trial. When you have a dispute that you just can’t resolve without a third party present, then arbitration is an option.
Arbitration often occurs before heading to court. If you can resolve your situation through arbitration, it takes the guesswork out of going to court. In court, there is no guarantee of an outcome. The same is true of arbitration, but you have the option of choosing a nonbinding form of arbitration. In that regard, you can hear what the arbitrator rules and then decide if you want to go to trial or accept the arbitrator’s judgment.
Another good reason to use a nonbinding form of arbitration is because you retain the right to sue. If the arbitrator comes out in support of you in the end, the attorney may actually decide to settle with you instead of going to trial.
What if you choose binding arbitration?
If you choose a binding form of arbitration, you will have no option but to accept what the arbitrator has to say and the findings. If the arbitrator makes a ruling that is against your wishes, you have no choice but to accept it, much like in court. For that reason alone, it’s better to opt into a nonbinding arbitration, so you can get an idea of what would happen at trial without risking the loss of your case.
When you enter arbitration, you don’t need an attorney, but it is better if you have one. To choose a new attorney, make sure you look into their background and record. You want to select an attorney who is familiar with legal malpractice cases and one who has a history of winning cases like yours. Find someone you feel comfortable with, since this can be a major support when you head into arbitration against your past attorney or attorneys.