Legal Question in Legal Malpractice in New York

Like any negligence case there are four elements that must be satisfied. Duty, Breach, Causation and Damages. While the Grievance Committee may have found duty, breach and causation there is the question of damages. Just like any other negligence case, a legal malpractice attorney takes the case on a contingency fee basis (does not charge you but receives a portion of the final settlement). Therefore, the damages must be there.

I will say this if you can show that you lost a significant amount of actual damages (not pain and suffering, grief, aggravation etc.) then I will bet a legal malpractice lawyer would at least want to look at your case. Please also be aware that most (I am not speaking for all) legal malpractice lawyers will not take your case out of any emotional attachment to your case. They will take your case based upon dollars and cents business considerations.

Lastly, in a legal malpractice case you must show that your underlying claim would have been meritorious but not for the malpractice of your attorney. That is very hard to show. It is essentially a case within a case.

Good Luck.