Sue the lawyer

AlexGT

Flashlight Enthusiast
Joined
Jan 15, 2001
Messages
3,651
Location
Houston, Texas
Tought I seen it all!, but how about slapping the lawyer with a lawsuit for loosing the lawsuit? LOL! on a TV commercial.

Sue the lawyer

Cannibalism at its best /ubbthreads/images/graemlins/clap.gif /ubbthreads/images/graemlins/crackup.gif, I feel sorry for all the 10 good lawyers out there. /ubbthreads/images/graemlins/crackup.gif A taste of their own medicine. /ubbthreads/images/graemlins/smoker5.gif

AlexGT
 

ygbsm

Enlightened
Joined
Dec 5, 2002
Messages
482
Location
NY
The possibility of legal malpractice suits are a fact of life for attorneys -- all the major lawfirms I know including those for whom I have worked carry malpractice insurance.
However, you might think carefully before considering the notion of filing suit merely because you have lost a lawsuit. This is reflected in the website you cite: If you look at the set of bullet points, you should note that "losing a lawsuit" is not an entry. This is not an oversight: it is generally difficult to prevail in a malpractice suit that is based on an attorney's client not prevailing. Most decisions in litigations are down to legal strategy and judgment -- judges, attorneys themselves, are often reluctant to second guess decisions, particularly if the litigating attorney has gotten approval from the clienr for major decisions in litigations. Malpractice attorney's, particularly those who take cases on contingency are normally reluctant to take cases with a low chance of prevailing.
Thus, the references to negligence, breach of fiducary duty, etc. Situations more likely to be amenable to malpractice actions with any likelihood of success would include such acts as "commingling" of funds (and other violations of legal ethical rules) or situations where an attorney has missed a crucial filing date resulting in material prejudice to the client -- often these acts are more likely to be associated with transactionnal, as opposed to litigating attorneys. Missing a date does not usually involve a question of judgment, and is often much easier to prove as a matter of negligence.An example, which I have heard of as the source of at least two malpractice actions is where patent prosecution attorneys have missed paying "renewal fees" on patents-in-force causing the loss of those patents by clients. Patent prosecution (the practice in which the attorney files and attempts to obtain patents), with its myriad deadlines, can be such a source of these type issues, that malpractice insurance rates for patent prosecutors are some of the highest for attorneys.
I do find the use of the term "malpracticed" as opposed to "the victim of malpractice" in the site's phrase "Have you been malpracticed" to be interesting.
 
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