ABA Family Legal Guide

Personal Injury

Negligence

Some Special Situations

What about malpractice actions against professionals such as lawyers? I recently hired a lawyer who seemed inexperienced, and I was unhappy with the outcome of the case.

Like doctors, lawyers and other professionals must possess and apply the knowledge and the skills of other reasonably qualified professionals. Not only must they exercise reasonable care in handling your case, they also must possess a minimum degree of special knowledge and ability. That means that they will be liable to you if their skills do not meet the accepted standard of practice. You also must prove that the case your lawyer mishandled was likely to succeed. Lawyer malpractice usually results in money damages only. You cannot recover for the emotional distress of hiring a negligent lawyer.

In your case, you may have a malpractice action against the lawyer if he or she was negligent in representing you. You'll have to show more than dissatisfaction with the outcome of the case. Did he or she fail to meet a deadline for filing for a court proceeding? Were all the crucial legal elements of the case fully explored? If you are unsure about a basis for a malpractice case, check with the state agency that regulates lawyers in your state. Your state bar association will be able to tell you the name of the agency.