EtcLAWSUIT AGAINST DISHONEST LAWYER

Q.

I was injured in a car accident about two years ago and hired my current attorney to handle the case. I recently lost the case and the attorney is demanding attorney fees, which is really frustrating and upsetting. When the attorney first took on the case, he was confident he would win, but he did not hire a medical professional or meet several court dates. I believe this lack of sincerity on the part of the attorney greatly contributed to the loss of the case. Can I sue the attorney on this ground?

A.

The legal standard for attorney malpractice is whether the attorney used the same skill and care that a reasonable and careful attorney would have used in a similar case. Just because you did not get a good result in your case does not mean you can hold your attorney liable for “legal malpractice.” So if you want to hold your attorney negligent, it means you have to hire another attorney who can explain to the jury as an expert what your previous attorney did wrong. If the other attorney can do what your previous attorney failed to do, then they can prove that your previous attorney was negligent. However, even if the lawyer was dishonest, if the lawyer's mistake did not result in any loss in the outcome, it cannot be considered as breach of trust, so you must be able to prove that the case would have been won if the lawyer had not made the mistake. For example, if your lawyer secured witnesses and hired medical experts, but lost the case, you would not be able to recover damages. Finally, the statute of limitations for legal malfeasance is typically one year from the date of discovery or knowledge of the act. If you suspect your attorney of malfeasance, you should consult with a legal malfeasance attorney as soon as possible. And remember, if you ever lose confidence in your current attorney, you can always find a new attorney you trust before things get ugly.