We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Law

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What does a Legal Malpractice Attorney do?

Jessica Ellis
By
Updated: May 17, 2024
Views: 9,105
Share

Legal malpractice occurs when a legal professional, such as an attorney, breaches his contract or fails to provide a professional standard of practice. Malpractice lawsuits are generally brought by clients who feel that their former lawyer reneged on their contract or acted negligently or inappropriately during a case. A legal malpractice attorney is a lawyer who specializes in representing either defendants or plaintiffs in legal malpractice lawsuits.

The first job of a legal malpractice attorney is to determine whether a proposed lawsuit is a viable claim. While some cases will have blatant examples of malpractice, others will be more subtle and open to interpretation. When discussing a case with a new client, a legal malpractice attorney will usually look over all documentation and listen carefully to the client's story before determining whether he or she thinks a legal claim does exist.

Once on a case, a legal malpractice attorney will file a claim in court and build up the evidence to present the case to a judge. Materials that may assist a malpractice attorney include contract documentation, bills from the lawyer to the client, and any email, letters, or notes sent from either party to the other. Depending on the type of case, the attorney may depose witnesses, hire experts to examine the evidence and provide testimony, and communicate with the legal team representing the opposing party.

If a legal malpractice attorney is working for a client suing a lawyer, the case may involve accusations of incompetence, failure to meet standards of practice, negligence, or breach of contract. In a case where the client believes the lawyer was negligent or incompetent, the attorney may build a case that attempts to show that the client would not have lost a legal case or suffered a bad legal decision if the attorney had been competent and attentive. In cases where a client sues for breach of contract, the issue often regards whether the fees charged by the attorney are fair and justified.

Malpractice attorneys representing lawyer defendants may try to build cases that show that their client acted according to professional standards and with due diligence, and that the outcome of a legal decision had little or nothing to do with the lawyer's behavior or skill. For fee-based claims, the attorney will need to show that the fees charged were fairly assessed and disclosed, often relying on expense records and expert witnesses to defend the fees.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Jessica Ellis
By Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica Ellis brings a unique perspective to her work as a writer for WiseGeek. While passionate about drama and film, Jessica enjoys learning and writing about a wide range of topics, creating content that is both informative and engaging for readers.

Editors' Picks

Discussion Comments
By Markerrag — On Apr 30, 2014

@Logicfest -- that's kind of true. The same lawyer who represents plaintiffs in malpractice suits might also be one who defends attorneys against them. It's like anything else -- you don't typically find attorneys who only represent men in divorce cases, for example. A legal malpractice attorney might take cases from either plaintiffs or defendants.

A notable exception has to do with legal malpractice attorneys who work exclusively for insurance companies. That's a pretty good gig, really. They usually get paid well and are typically viewed in a positive light by other attorneys because they defend lawyers sued for malpractice.

Still, a lot of them who achieved that position started off as representing plaintiffs against their lawyers.

By Logicfest — On Apr 29, 2014

A word of caution for anyone thinking of representing plaintiffs against attorneys in malpractice suits -- those lawyers become hated by members of their own profession in a hurry. That is not a job for the attorneys who want to be popular at the local bar.

That's an odd thing to say but it is very true. The irony here is that most attorneys will agree that even the most hardened, guilty criminal deserves a fair trial. That same logic does not extend to those attorneys who sue other lawyers for malpractice.

Jessica Ellis
Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica Ellis...
Learn more
Share
https://www.wisegeek.net/what-does-a-legal-malpractice-attorney-do.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.