Can I Bring A Legal Malpractice Suit Against An Attorney Who Is Still Representing Me In My Case?
Your statute of limitations to bring a claim against the attorney is tolled while the attorney is still representing you in the same matte. You can let them continue to represent you and then hire an attorney to conduct a legal malpractice claim against them after it’s over and you know that they hurt you. If you are completely uncomfortable with the attorney continuing to represent you, you can look at replacing them, but it will severely complicate your legal malpractice case. Also, any replacement attorney in that situation is going to view themselves as a potential target. They are not going to want to put themselves in a position where the first attorney can point a finger at them and say it’s their fault that this went badly. It’s cleaner to let the attorney make the mistake and then continue to represent you, finish up the case, and find out what your damages really are. If the attorney has discharged you as a client, talk to a legal malpractice attorney right away.
What Steps Do I Need To Take To Bring A Legal Malpractice Case Against My Attorney?
Talk to a legal malpractice attorney sooner rather than later. You are going to want to preserve all the written communications between you and your attorney. Ask for a copy of your file. Your malpractice attorney will be able to advise you on what else you should be doing to protect yourself and what you need to gather.
What Damages Should I Be Seeking In A Legal Malpractice Case?
Legal malpractice cases vary. What you are recovering in all of them is, fundamentally, what you would have gotten if the attorney hadn’t screwed up. That’s going to vary greatly, depending on the type of case that you started with.
For more information on Legal Malpractice Suit Against Your Attorney, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (408) 687-9155 today.
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