There are state courts and there are federal courts. There are state laws and there are federal laws. In most situations a dispute regarding a violation of a state law is brought in state court, and you guessed it, a violation of federal law is brought in state court.
What happens when a lawyer commits malpractice while pursuing a case regarding federal law in a federal court? Because the error occurred in federal court and involved federal law it could be that the malpractice case now has to be brought in federal court not in state court. The Supreme Court of the United States dealt with that issue this year and rendered a decision that says it depends on four factors. The factors are somewhat technical.
1. Necessarily raised under the federal law.
2. Actually disputed.
3. Substantial
4. Resolving in federal court would not disrupt the Congress’ federal-state balance.
If you hire a lawyer to sue your last lawyer make sure he or she understands the various nuances of your case.
If you have been injured by a lawyer who committed malpractice don’t get hurt twice by going to a new lawyer who is not experienced in bringing malpractice claims against a lawyer. Call us, if we take your case it will be because we think you have a good case and we will do the right thing, help you to prove your case. 860-561-0651.
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