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Will other attorneys actually take a legal malpractice case?

On Behalf of | Sep 28, 2021 | Legal Malpractice |

If you are convinced that your current attorney has done something that is illegal or that has ruined your opportunity to make a claim, then you may want to pursue a legal malpractice case. It makes sense to talk to a new attorney to get their opinion on what happened and if you have a claim, but it is also realistic to expect that some attorneys won’t want to take the case.

They should, though. Why? Legal malpractice hurts the profession. It makes people feel that attorneys are not trustworthy and influences the way people make claims.

If you want to find an attorney to take over a legal malpractice case, it’s possible.

Why won’t some attorneys take legal malpractice cases?

There are a few reasons why some attorneys won’t take legal malpractice cases. For example, if taking the case would be a conflict of interest, then they may turn it down. This could happen if the other attorney is at the same firm or is friends with the attorney you had a problem with.

Other attorneys may not practice this type of law and be unfamiliar with prosecuting a legal malpractice case. It’s important to find an attorney who has a history of pursuing legal malpractice cases and winning them.

Finally, some won’t take these kinds of cases because they are often lengthy. A legal malpractice case can take a long time to investigate, and it might be difficult to determine if the client has a solid case or if the time investment to build a solid case would be worth the challenge. If you find that an attorney isn’t keen on taking the case, you may want to consult with other attorneys in your area.

Proving your case means that your new attorney will need to show that but for the other attorney’s actions, you would have won your case in court. That’s tough, and it requires an attorney to fight a case within a case, in a sense. Still, you do have a right to pursue a claim if an attorney’s actions led to you being unable to make your claim. It’s worth finding an attorney who is willing to do the investigation needed to help.