How to Sue an Attorney for Malpractice

When you hire an attorney to represent you, you expect them to provide professional services with the utmost care. Attorneys are bound by legal and ethical rules regarding their conduct in representing clients. However, sometimes an attorney can make a mistake and that mistake could cost you. When this happens, sometimes the best recourse is to sue the attorney for damages for malpractice.

Things You'll Need

• Another attorney
• Records pertaining to your malpractice claim
• Money

Instructions

How to Sue an Attorney for Malpractice

1. Hire an attorney. You must hire an attorney to recover your damages in court. An experienced attorney will review the issues of your case with you and determine if you have a viable attorney malpractice claim. The attorney can also file a lawsuit on your behalf and represent you in court, if needed.

2. Consider whether your malpractice case is worth pursuing. Malpractices cases can cost a lot of time and money. Malpractice cases may take from two to six years before settlement or trial. In addition, fees and expenses can be very costly, particularly if the case drags on for years. Make sure you get a fee agreement in writing from the attorney you hire to represent you in your malpractice case.

3. Be able to prove that your attorney's actions resulted in damages to you. Most states also require you to show that the outcome of your case would have been different if not for the attorney's actions. The burden of proof is on you, the plaintiff, and can be difficult to prove. Make sure you document and keep records of everything pertaining to your attorney malpractice claim.

4. File a complaint with your attorney's State Bar Association. The bar association licenses and regulates attorneys in each state. The bar association provides attorneys with "Rules of Professional Conduct" by which attorneys are expected to follow during their representation of clients. However, the bar association cannot help you recover damages in court and only provides disciplinary remedies.

Tips & Warnings

• Attorneys are not required to carry malpractice insurance in any state except for Oregon. A few states require attorneys to disclose they are uninsured or allow you to check their insurance status, but most states do not have any regulations regarding malpractice insurance. In filing your malpractice claim, consider whether you will ever be able to collect damages from this attorney.

References

• American Bar Association Article on Attorney Malpractice
• Attorney Malpractice
• Legal Malpractice