The first of these is the difficulty of winning. To win a malpractice action, you must first prove your lawyer guilty of misconduct or negligence, then show you were harmed monetarily because of the misconduct or negligence. Often, this means you have to prove you would have won your original case if not for your lawyer's error. Needless to say, this is not an easy task.

Malpractice cases can be brought in small claims court if you ask for an award that is within the small claims court limits. Taking such a case to small claims court allows you to handle the case yourself and avoid lawyer's fees. It is also quick. If you decide to take this route, refer to HALT's manual, Small Claims Court. It lists the dollar limits for awards in such courts in all states.

If you do not sue in small claims court, more likely than not you will need a lawyer. Look for one who specializes in attorney malpractice and who doesn't have any conflict of interest in representing you against the attorney you're suing. Unfortunately, it is often difficult to find lawyers willing to sue their colleagues, so you may need to look outside your area, especially if you live in a small city or town. Also, just because your new lawyer is outraged about your previous lawyer's conduct, remember to be careful how you manage your relationship with the second attorney, or you may find yourself complaining about lawyer misconduct again.

A final caution: Prepare for a long and bitter fight. You will be fighting on your original lawyer's own turf, where lawyers are most familiar with the rules and the other players, from the judge on down. Lawyers do not take kindly when accusations about their professional conduct are placed before their bar and bench colleagues.