When Should I File A Legal Malpractice Claim?

After consultation with a legal malpractice attorney and after you are certain that you will be able to win, you should file your claim. Legal malpractice claims are among the more challenging things attorneys do. Before I ever take on a malpractice claim, I try to make sure that I have an expert opinion ready to go confirming that the attorney committed malpractice, that the malpractice caused you damages, and what the damages are. Absolutely talk to an attorney in that area before you file a claim.

What If My Attorney Doesn’t Have Legal Malpractice Insurance? Will That Impact My Case?

If your attorney doesn’t have legal malpractice insurance, unless they have significant assets, it’s going to be very difficult to successfully pursue a legal malpractice case against them. In California, every attorney has to disclose on their retainer agreement whether they do or do not carry malpractice insurance. If you are presented with a retainer agreement that says they don’t have malpractice insurance, I encourage you to strongly consider finding someone else who does.

Can I Consult With A Legal Malpractice Attorney While My Attorney Still Represents Me?

There is nothing wrong with getting an opinion from another attorney if you are concerned about whether your current attorney may have committed malpractice.

What Is A Case Within A Case Under Legal Malpractice?

When you bring a legal malpractice claim, in order to win, you have to prove that you would have gotten a better result in your original case if the attorney had done everything right. The case within the case is the original case that the attorney would have brought to trial. You’d put on that original case, this time doing everything properly, in front of a jury, and the jury’s award is how you know whether you would have gotten a better result. You then still have to show that the attorney committed malpractice and that the malpractice affected the case.

For more information on Filing A Legal Malpractice Claim In California, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (408) 687-9155 today.