How to Win a Legal Malpractice Suit

Legal malpractice happens when an attorney that is hired by a client, does something negligent or something intentionally harmful that causes injury to the client that has hired him. You should know that a client has the right to file a civil lawsuit against their attorney and if criminal activity, such as theft, was involved, criminal charges may also apply.

Also, a client can report their attorney to the state of licensing and disciplining board as well. Keep in mind that legal malpractice lawsuits are usually hard to win unless there is obvious negligence or fraud involved. To win a legal malpractice lawsuit, you have to prove the damage that was caused.

No Retainer

To win a legal malpractice suit, the first step is hiring a legal malpractice attorney. Even if you may be concerned about trusting another lawyer, keep in mind that not all lawyers are the same and in order to win a legal malpractice suit, you will need a quality attorney. You should try and find one that will not charge you a retainer. Most of the personal injury attorneys work on contingency, meaning that they will never ask for any money from you, unless they win your case.

Locating the Proper Paperwork

For you to win the case, you need to establish the client-attorney relationship, meaning that you need to prove that the previous lawyer had a duty to you, as a client. In order to accomplish that, you need to find any bills, records or invoices of payment to supplement the client and attorney agreement and also find the copy of the document or agreement that you signed when you hired the previous attorney that is responsible for the malpractice.

Beyond Subpar Representation

Also, in order to prove that the lawyer was negligent in representing you, it is required for you to show that the legal standard of care was not met. You have to demonstrate what your attorney did not or did do to meet the standard of care, including failure to meet court statutes of limitations or deadlines, failure to resolve or disclose conflicts of interests, theft, or misuse of money.

Other Objectives

You also have to demonstrate how the attorney’s actions or negligence harmed you. Such as proving a financial loss and linking your prison sentence or any other prosecution to your lawyer’s negligence. For example, providing the records of property or monetary losses you have suffered in the divorce or civil case, due to legal malpractice. To win, you have to be specific. You will have to demonstrate the amount of time, money, or property that you lost, and you will also need to prove that the losses would not have occurred if the lawyer had not acted the way he/she did.

Attorney Judgment Rule

The most integral aspect of all is the Attorney Judgment Rule. That means that the attorney will not be held liable for legal malpractice if he or she acted in good faith, but only made an error in judgment. This is what protects your attorney if any mistakes were made, but does not protect anything that is fraudulent or negligent in nature.  Call Makarem & Associates to discuss your Attorney Malpractice claim at 310-312-0299 or send us an email at