After having a case improperly handled by an attorney, having to pay additional monies to bring an action against them in Court sometimes is not justified by the amount the victim is seeking to recover. If the case is too small to give reason to initiate a lawsuit, the Statewide Grievance Committee has the ability award restitution for a legal malpractice claim by sanctioning the former attorney. By awarding restitution in this manner, the victim does not have to incur the costs of starting a separate proceeding in Court.
There is no regulation as to when the Statewide Grievance Committee should order restitution. However, they are permitted to act in a creative manner when sanctions are assigned, such as ordering an attorney to attend Continuing Legal Education. The Statewide Grievance Committee has chosen to only award restitution as a way to compensate injured parties for loses in a limited group of cases. More often, they have ordered restitution in the form of sanctions in an effort to return property to the rightful owner or to prevent an attorney from benefiting from a violation of her professional responsibility.
The main purpose of bringing a matter before the Statewide Grievance Committee is to discipline an attorney, not seek compensation for the victim of legal malpractice. It is sometimes difficult to calculate damages for a client’s case and often times expert testimony is necessary to accomplish this. If the case is such that it requires expert testimony, then it is more appropriate for that type of case to be heard by a trial court and not before the Statewide Grievance Committee. Click here to contact our office to discuss your legal malpractice case. Article: Mal Practice-Small Claims?
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