How To Initiate An Attorney Malpractice Lawsuit

Introduction

Every year a few people will pop up claiming that their attorney did not represent them either properly or to their benefit. In some of these cases this is actually true; however, in most cases it is not. This is called attorney malpractice and is often very rare inside of the United States.

Step 1

Many people have the assumption that if an attorney loses their case, they can file an attorney malpractice lawsuit. However, this is not the case. Attorney malpractice is when the attorney denies their client some, or any, of what they are required to provide the client with. This can include a vast array of thing including refusing information when it is asked for, purposefully not preforming their best on a case, or neglecting the client of key things that might have been essential for winning the case. But, just because an attorney doesn’t win a case doesn’t mean that they have performed attorney malpractice.

Step 2

Also, just because the attorney did not go the same way that you intended them to go does not mean that they performed attorney malpractice either, as long as it is not significant, minor things can be changed by the attorney as they see fit for the benefit of the case.

Step 3

When should you initiate an attorney malpractice lawsuit? When you feel that an attorney has purposefully tried to get you to lose a case, this is often an indicator that attorney malpractice might have occurred. You might want to investigate this a bit further on your own to see if the damage caused was purposeful or accidental, if any clear signs, of either of them queue you, then you should get an attorney specialized in this to check it out for you (if it is indicated that they have done so) or leave it alone (if it is indicated that they have not done so).

Step 4

Before you initiate an attorney malpractice case, it is best to make sure that you have nearly confirmed that they have committed attorney malpractice before you do anything. When you are sure that you are ready to continue with the lawsuit you need to find an attorney to take your case, preferably not the one that you are suing.

Step 5

From there, just like the other attorney, they will do many similar things, except that this time they will try to help you as much as they can and do everything they can to help you win the case.

Tips

Depending on the evidence that you provide the court with greatly corresponds to your chances of success with the case. Provide good evidence that thoroughly proves that your attorney committed attorney malpractice, and you are likely to succeed. Not doing so will prove disastrous for you argument and will almost abolish your chances of success.
Proof of attorney malpractice is a vital part of winning an attorney malpractice case. Without any evidence you are more than likely to lose the case. Just because your case was lost does not mean that the attorney you hired for the case preformed attorney malpractice.

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