If you are worried about how your current attorney is handling your case, you are well within your rights to approach a second attorney and ask for their opinion. In fact, it’s a good idea to do so, especially if you feel that your attorney isn’t being responsive or has been acting in an unethical manner.
There are many reasons why you may want to talk to a second attorney about the potential for legal representation in a legal malpractice case. For example, you may want to speak with a new attorney if your previous one:
- Missed the statute of limitations
- Had a conflict of interests
- Charged excessive fees
- Didn’t perform title searches correctly
- Misinformed you about the law
- Breached their financial duties to you
When you lose a case because your legal counsel isn’t paying attention to deadlines, misinforms you about the law or has a conflict of interests, that’s a major problem. Of course, you will need to have evidence that the attorney owed you a duty of care and violated that duty. You need to show that the attorney cost you money and negatively affected you in some way.
Proving legal malpractice isn’t always simple, but it’s possible if it can be shown that your original case wouldn’t have been lost if not for your attorney’s actions. If you can do that, then your new attorney may be able to negotiate a settlement for you or take your old attorney to court over a legal malpractice claim. Our website has more on what you need to do to prove legal malpractice and to sue your past attorney for malpractice.