Legal Question in Legal Ethics in California
Can A Lawyer be sued for incomptetence
I won a lawsuit recently hiring a third lawyer, the first two fell below the standard one would expect. This cost me Financial hardship, as well as mental anguish, can they be sued for the interest in the collection I received?
1 Answer from Attorneys
Re: Can A Lawyer be sued for incomptetence
Anybody can sue anybody for anything, but winnning is a different story.
In a legal malpractice case, you must prove that your lawyer(s) conduct fell below the standard of care. To do this, you must hire another lawyer to testify as an expert witness. But even if the lawyer's conduct fell below the standard of care, you must prove damages.
You basically have to show that you should have got more than you did AND that the lawyer's conduct lead to the lesser result. You generally cannot recover emotional distress damages unless you can prove fraud. Unless you can show that you should have won more than you did, the only claim for damages MIGHT be excessive attorney's fees.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
