Should I sue my lawyer?

If you have done any research about legal malpractice, you’re probably already aware of the fact that most law firms are very reluctant to a bring a lawsuit against another practicing lawyer, particularly when the lawyer practices in the same jurisdiction.  We recognize that it is never pleasant to sue a fellow lawyer, so we don’t take representing clients against lawyers lightly.    We believe and expect that if our firm improperly handles a case for a client, we should make good on our mistake and try to make our client whole again.  Isn’t taking responsibility for your own actions and owning your mistakes part of being a responsible person?  

Most people only hire a lawyer once or twice in their entire lifetime and its because they are presented with a very difficult situation or problem.  When the lawyer screws up and compounds the problem, he or she should answer for their negligence just like any other professional.  As a result of our willingness to hold other lawyers accountable for their actions, we have, over the years, been called upon to represent numerous individuals and companies in Memphis and throughout Tennessee in pursing legal malpractice claims.  We have a very good success rate of making these negligent lawyers do the right thing.     

The practice of law can be very complex and mistakes can be made that have devastating consequences to good people.  A lawyer can also just lose a case through no fault of their own.  It happens.  Juries can make bad decisions and get it wrong for lots of reasons. Just because your lawyer did not get you a good result doesn’t necessarily or automatically mean that he or she committed legal malpractice.  In Tennessee, in order to successfully bring a claim for legal malpractice against a lawyer, you will have to prove that the lawyer’s actions (or inaction) fell below the required standard of practice for attorneys in Tennessee.  A client must generally prove a “breach of the standard of care” through expert testimony, i.e., another lawyer.  In other words, we will have to show that a reasonably prudent and competent lawyer would not have done what your lawyer did or would have done something that your lawyer failed to do and that these failures actually caused you damage.  These types of cases can be very complicated, frustrating and difficult.  In many of the cases we have handled, we have found that lawyers, like doctors, sometimes do not like to admit that they committed an error and will fight very hard to avoid taking full responsibility for their failures.  As a result, you need a tenacious and experienced lawyer to fight for you.  

If you think you have a legal malpractice claim, call us.  We will review your situation and give you an honest assessment of your potential case free of charge.  To see how we usually charge for handling legal malpractice cases, please visit the Legal Fees section of our site.