You have just gone through a lawsuit and lost.  The last thing you probably want to do is go through another lawsuit.  If you have a claim for legal malpractice, however, you may be losing your chance to recover for your injuries if you do not pursue the claim.

What constitutes legal malpractice?

An attorney cannot be sued for legal malpractice for making a bad strategic decision or for being a less than persuasive advocate.  The lawyer must have done something that fell below the accepted standard of care.  A lawyer is not liable for judgments made in good faith, well founded in the law, and made for the best interests of the client.  In order to prove the standard of care, you will generally need an expert.  Often the expert is another lawyer who is very accomplished and respected in that type of legal work.

What are the elements of a legal malpractice claim?

In order to succeed with a legal malpractice claim, you must prove:

• An attorney-client relationship existed.
• The attorney was negligent in its representation of the client.
• The attorney’s negligence caused some injury to the client.
• The nature and extent of the injury or damages.

The third element can be difficult to prove.  In order to show the attorney’s actions injured the client, you must show the client had a reasonable likelihood of success in the underlying claim and but for the lawyer’s negligence, the client would have won.  This is termed the “case within a case” requirement.  If the underlying claim was difficult, it can be very difficult to win a legal malpractice claim even if your attorney committed a serious mistake.

Contact an Attorney

If you believe that your attorney committed malpractice, you should consider contacting a lawyer.  An experienced malpractice lawyer can examine your underlying claim, evaluate your attorney’s actions, and advise whether you should pursue a legal malpractice claim.  Contact the lawyers at Twin Cities Law Firm today if you believe you may have a legal malpractice claim.