What type of lawyer sues another lawyer for malpractice?

Suing a lawyer requires both knowledge of the substantive area of the law involving the malpractice and knowledge of how to pursue a claim for lawyer malpractice Many lawyers do not want to sue another lawyer. Usually the lawyer who sues other lawyers is in private practice, is familiar with litigation, trial work and has a broad knowledge of the law. Some serve as hearing officers or on committees dealing with ethical issues and lawyer discipline A lawyer malpractice case starts with a client unhappy with the results.

The first step in analyzing whether legal malpractice has occurred is for a lawyer to learn the reason for the attorney malpractice. The analysis of how the bad result occurred requires a review of the client's entire file. That usually requires the client to retrieve his or her file from the lawyer.It also requires that an expert lawyer consult on the standard of care applicable to your matter.

Why is this important? Because most cases of legal malpractice require you to prove that had the lawyer not been negligent your results would have been better.In most cases an expert lawyer is hired to testify about the standard of care, without which you cannot prove lawyer negligence. The standard of care is what a reasonable lawyer should do under the circumstances of the representation.

Basically, it means a lawyer should be competent, diligent, and loyal A lawyer may be disloyal or act with a conflict of interest. These acts of an attorney are known as breach of fiduciary duty. This type of legal malpractice can cause you financial harm or damages Usually the damages are pecuniary or economic only.

Lawyer malpractice cases usually do not provide for compensation damages for stress, pain and suffering. If your case for malpractice involves an underlying case for bodily injury and pain and suffering is a component for that lost claim, then you may sue to obtain those lost damages In some circumstances a lawyer may be liable to non-clients In Arizona a claim for attorney malpractice based on negligence and breach of fiduciary duty must be filed within 2 years of you learning that your financial damages were caused by lawyer negligence or breach of fiduciary duty. Check with a lawyer in your state about the Statute of Limitations applicable to lawyer malpractice.

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