Can You Sue Your Lawyer for Malpractice?

You know that you hire a lawyer when you want to sue someone, but what if he botches the case? Can you sue your lawyer for malpractice when he screws up? It isn't too far outside the realm of possibility that your lawyer will cost you your case, but in some instances, you won't have much recourse. Suing your lawyer for malpractice is a risky venture, even if you do have the ability. You are usually well-advised to handle the matter a different way, especially since the ABA isn't usually much help.

The problem is that many people don't do enough research when hiring a lawyer in the first place. Just because an attorney has ten years of experience in corporate law doesn't mean that he's any good at it. In fact, longevity in practice isn't any indication at all of a lawyer's abilities. You're better off looking at his or her track record in the courtroom. For example, a woman in New Jersey was shocked about five years ago when she learned, after losing her child custody case, that her attorney had never been in a courtroom before. His law firm had been open for more than fifteen years, but none of his cases had ever made it past the filing stage. This is a big risk to take when winning means the difference between a large sum of money and an empty wallet.

In order to sue your lawyer for malpractice, you'll not only have to prove that he didn't represent you to the best of his or her ability, but also that the court case would have ended differently if you had been given proper representation. This can be difficult to substantiate because the law is often subjective, particularly in civil matters. The outcome depends largely on the mindsets of the jurors or judge, which will vary depending on the courtroom.

In order to prove that your case would have turned out differently, you will have to demonstrate that your lawyer failed to present evidence or otherwise acted in a manner unbecoming of an officer of the court. In most cases, your word won't be sufficient to sue your lawyer for malpractice; the testimony of other legal professionals and witnesses must also be included in order to win.