LEGAL MALPRACTICE

A legal malpractice claim asks whether a lawyer failed a duty that came with the engagement, and whether that failure caused a loss the client would not otherwise have suffered. These cases often require proof of the case within the case: that the underlying matter would have come out better if the work had been done as it should have been.

Typical legal malpractice matters:

• Missed statute of limitations or other deadline
• Conflict of interest that was not disclosed or waived
• Mishandled litigation — failure to investigate, failure to produce client evidence (initial disclosures or expert disclosures), to take discovery, to preserve evidence, or to advise on a settlement
• Mishandled transaction — failure to protect the client’s interest in a deal or instrument
• Breach of the duties of loyalty, communication, or competence that accompanied the representation

What gets evaluated:

Standing, the limitations period, the existence of an attorney-client relationship, the duty, the breach, causation, and damages. Some cases are declined because the proof is not there. That is the point of the screen.

Fees - what you can expect:

Hourly rate is common for many matters. This is because the breach is questionable, the causation is weak, or the damages do not warrant the risk. Contingent or hybrid fees may fit some recovery cases.