HIRING A MALPRACTICE LAWYER

Very few lawyers handle cases against professionals on a regular basis, we do.   We handle claims against accountants, doctors, lawyers, engineers as well as other types of litigation.  Although we sue other professionals on a regular basis, one area that we focus on is suing lawyers for committing legal malpractice. 

What to look for when hiring a lawyer to sue another lawyer. 

1.       Have they sued lawyers before?  There are some important unique rules having to do with suing lawyers.  You have already been hurt by a lawyer who did not know what they were doing, don’t let it happen again.

2.       Are they prepared to take the case to court if the other side won’t pay a fair settlement?

3.       Do they think you have a good case?  Why?  Be concerned about a lawyer who says she knows all about the law having to do with the screw up of the professional you have a claim against.  You want to hire a lawyer who understands the law of malpractice.  The lawyer you hire should help you understand what experts (often lawyers) are needed to prove your case.  To bring a case of malpractice your lawyer MUST retain an expert outside of the firm she is practicing in, who knows the professional responsibility of the specific area of law that the case is about.  For example a real estate lawyer if it was a closing, or a securities lawyer if the underlying transaction was related to a securities deal must be hired to act as an expert.  The courts will not allow the case to proceed without an expert, except in the rarest of cases.  The lawyer representing you in the malpractice case is simply not permitted to offer her opinion as to what your first lawyer did wrong. 

4.       Does the lawyer you are hiring have a wide web of friends and colleagues they can call upon to act as an expert.

5.       Does the lawyer you are hiring have other lawyers and paralegals who are experienced in legal malpractice?  Two heads are better than one.

6.       As with anyone you hire, do you feel that she is willing to take the time to clearly explain to you how the case will likely evolve if you hire her.

Call us anytime and let me know how I do in meeting the criteria I suggest above.   Bruce Stanger, 860-561-0651