What factors determine if there is a legal malpractice case?Return to FAQ Videos
There are a number of factors that we take into account in deciding whether to take on a legal malpractice case. The first one would be: What are the lawyer’s qualifications? What is the lawyer’s background? Number two would be: What is the negligence? Can we prove the negligence? Is this something that is clear, or is this more questionable in terms of the conduct or representation by the lawyer? Number three: Can we prove that the negligence or carelessness of the lawyer actually caused the loss to the client? That is an important one because you need to be able to make the link between the negligence and the loss suffered by the client. The next is: What is the severity of the loss to the client? Is this something that – the lawyer made a mistake and it’s a ten-thousand-dollar mistake? Or is this something that the client has suffered some type of significant financial loss as a result of the lawyer’s negligence? The last factor to consider is whether or not this lawyer has any malpractice insurance. That is important because you want to be able to make sure that when you get behind a case, there is a reasonable degree of confidence that will be able to make a meaningful recovery for the client.