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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114722
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can a lawyer be sued if the lawyer is so

Customer Question

Can a lawyer be sued for malpractice if the lawyer is so negligent in the handling of a case that it necessitated the client taking the case pro se, and the client ended up settling the case? After the pro se settlement, what would need to be proved to
find the prior attorney liable for legal malpractice? Will financial loss as a result of the settlement the pro se litigant took count and what if the pro se litigant had hired another attorney, would that prevent legal malpractice lawsuit against the first
attorney for negligence?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
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In a legal malpractice case, the plaintiff must prove that the attorney's negligent conduct caused the client to suffer a loss that they would not have suffered had the attorney not acted in a negligent manner in handling the case.
You have to prove that the loss the client took in settlement would NOT have happened but for the negligent conduct of the attorney.
You did not need to get a new attorney to have a claim of malpractice, but you do need to prove what the attorney did was negligent (below the reasonable standard of care) which has to be done using a legal expert to testify regarding what the standard of care was and how the attorney acted below that.