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Is it hard to sue an attorney for malpractice?

| Jun 1, 2021 | Legal Malpractice |

Legal malpractice happens. It’s no secret. There are attorneys who make mistakes and who do what they should not.

For those who suffer as a result of an attorney’s actions, it may be possible to hold them accountable with a legal malpractice claim. There are all kinds of issues that may lead to a malpractice claim, such as conflicts of interest or practicing outside an area of expertise. Attorneys should know better than to take advantage of their clients or to venture outside what they know, but they’re human and make mistakes, too.

Your attorney, once they agree to take your case, has the responsibility to represent you. They must represent you competently and be reasonable in how they charge. They must not make mistakes or act in ways that breach their duties to you. If you lose money because of mistakes made during the case or because they use funds you provide them unethically, then you may have a case against them directly.

Something as simple as missing a deadline or failing to return your call could be malpractice. It’s important to explore your options if you have an issue come up with your attorney’s actions.

Is it difficult to sue an attorney for malpractice?           

Sometimes, it can be. First, you have to find an attorney who will be willing to take on your case and build an argument against another attorney. To do that, you’ll need to have plenty of evidence to show that your attorney was negligent.

Some of the documents you may want to keep on hand include:

  • Financial statements or documents from your first attorney
  • Letters or documents about missing deadlines
  • Information about mistakes made during your case
  • Dates and times when you tried to contact your attorney but received no return calls or replies

It’s not always easy to prove that an attorney has violated their duties to you. However, if you gather enough evidence of wrongdoing, then you may be able to move forward with your case. You may also consider reporting the attorney to the disciplinary board in your state or moving on to a new attorney with your original case if there is still time to do so.