We go to an attorney to help us through a difficult issue whether it is a personal injury case, an accident case or even a wrongful death matter. And there is nothing more disheartening when our own attorney lets us down.
If your attorney failed to represent you in a proper legal manner and you’ve suffered even more loss or damage because of them, you have the ability to bring them to court. The question is can you do it on your own?
Taking Action Against Legal Malpractice
With any legal matter, you can file motions and present evidence by yourself. However, it is rarely advised for you to do so. There are many steps in which to bring a lawsuit and skipping a step by not knowing about it can be extremely detrimental.
If you’re looking to sue your attorney, first we begin by investigating the lawyer and their conduct in regards to your case. Were they neglectful and careless with your case? Did the act in an unreasonable manner which caused you harm or damages?
Our next step is to really look at your case and the chances it had to be successful. If your lawsuit was going to work out in your favor and your attorney did damage to that result, this could prove that the attorney acted in a wrongful manner. We may need experts to support these allegations in court proving that your attorney caused you even more harm and loss than when you started.
These are all just the broad strokes of what you need to prove your case in court. There are far more steps you’ll need to take and processes you’ll have to complete within the court system to bring – much less win – a case for legal malpractice. And to win your claim, you need to show that the attorney knew your chances were good to win your own case and they still failed in the job duties. This is known in causation and can be often the most difficult point to prove in a legal malpractice case. Speak to an experienced attorney regarding your legal malpractice matter so that you are on track to the best possible result.
To discuss a potential legal malpractice case with a Cleveland attorney at Spangenberg Shibley & Liber LLP, please call (216) 600-0114.
