Can You Sue for Damages in a Legal Malpractice?

Suing for damages incurred as a result of legal malpractice can be processed through a court, provided that certain standards are adhered to before proceeding.

Statue of Limitations

Generally speaking, the statue of limitations to file a malpractice lawsuit vary by state; however, the law usually allows for extra time for cases in which the client learns of the malpractice more than three years after it happens or the attorney withholds the malpractice from the client.

Proper Cases

Legal malpractice lawsuits against an attorney are feasible if he has failed to meet important deadlines, efficiently look over contracts, conduct factual investigations, uphold conduct standards or respect ethical guidelines or has violated legal duties. Losses the client could have won if not for attorney negligence are also considered damages, provided you can show sufficient evidence in court.

Damages

Keep in mind that if your attorney's mistakes did not result in any financial damages for you, then you do not have a feasible case. Make sure you have proof of damages before filing suit.

References

• Splaw.us: Statue of Limitations in Legal Malpractice Claims
• Andreslaw.com: Legal Malpractice Issues List
• Bucklin.org: "Suit within a Suit" Requirement