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If your lawyer is guilty of misconduct, chances are you'd like to get your money back for the damage the lawyer caused. If you sue your lawyer for malpractice and win, you can be awarded money and, sometimes, attorney fees. However, deciding whether to sue for legal malpractice is rarely that simple.
You should consider six factors before deciding. They include:
- Time: Legal malpractice cases can be complex. Depending on the complexity, it could take years to settle or to pursue in court. Malpractice lawyers say cases take an average of two years, with some taking up to six.
- Cost: Pursuing a malpractice case costs money. You'll pay lawyer fees if you win and expenses whether you win or lose. Fees and expenses can run extremely high, depending on the facts of your case, your negotiations when hiring your malpractice lawyer, and how the lawyer you are suing (or the malpractice insurance carrier) decides to fight the case. Make sure you know the financial, emotional and other costs of suing and balance them against a realistic assessment of what you can expect to win.
- Energy: If you have already been burned by one lawyer, you may find it difficult to work with another. Assess your ability to take another crack at the legal system, given your past experiences. If you decide to pursue your case primarily because you're angry or want revenge, chances are that alone won't sustain you through the years these cases can take. Consider filing a grievance complaint instead.
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