The challenge, should you engage a somekeyword in pursuing a case, is to establish what -reasonable care- would be. To do that usually requires the retention of an expert legal witness to analyze the legal issues in the underlying case to determine if your lawyer used reasonable care in pursuing it (another lawyer with demonstrated experience in that area of law).
Other important components of a legal malpractice case are:
Proof that damages were incurred as a direct result of lawyer negligence.
Understand in advance if the individual lawyer or the law firm has sufficient resources to pay for damages (or has insurance to cover such losses).
Your contract with the original firm may require arbitrating a legal malpractice claim in lieu of a lawsuit, and may state that you pay for their legal costs if they prevail.
How to select a legal malpractice attorney
In a small city, it might sometimes be necessary to hire a legal malpractice attorney from another part of the state because this area of law involves one lawyer challenging the professional competency of a peer. But in larger cities (such as Los Angeles), the most important consideration is that attorney or firm's experience at suing other lawyers for their professional negligence.
R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.
Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.
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