Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

How to determine legal malpractice

On Behalf of | Feb 9, 2021 | Legal Malpractice

Much like medical malpractice, legal malpractice happens when a New York City attorney does not do what they are supposed to according to their professional and ethical conduct standards. In many cases, that leads to their client being hurt by their actions, which could lead to a negative experience for the client in court. This, of course, is much more than saying that your attorney should have been smarter to help you win. If you believe that legal malpractice occurred, you must present the evidence. Read on to learn more about legal malpractice and how you can prove it.

Filing a lawsuit

It may be difficult to determine how to sue your former attorney, but it’s likely that your new attorney will recommend pursuing a charge of legal malpractice. This, of course, may be a new concept for people outside the legal industry, and many will not know what they need for their case. Here are a few of the items you are going to need to acquire:

  • Evidence of negligence
  • Documents regarding your case with your former attorney
  • A new attorney experienced in legal malpractice claims

Proving your case

The reality of filing a lawsuit for legal malpractice is that it can be extremely difficult and costly to win. The reason for that is because you will have to prove to the courts that if it weren’t for your former attorney’s actions, there is no doubt you would have won the case. As you can see from the information above, you basically have the very difficult task of proving two cases in one.

The alternatives

Because proving legal malpractice is so difficult, many won’t even bother pursuing the matter. However, you do have alternative routes you can take. The first one involves simply calling the state’s disciplinary board and reporting the attorney. If the damage done by your attorney isn’t too severe, you may be able to simply choose another attorney for your case.

Understandably, it can be very stressful and difficult to deal with a negligent attorney. That’s why it is important to consult with a new attorney as they may be able to provide you with the best route for your specific situation.