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How do I find a legal malpractice attorney where the underlying case arose out of a catastrophic personal injury?

Los Angeles, CA |

Most legal malpractice attorneys seem to be practicing legal fee dispute law as opposed to prosecuting a claim where the Attorney fell below the standard of care. Do I need to have both a personal injury attorney and legal malpractice attorney work together?

Attorney Answers 4


No. You need to find an attorney who treats legal malpractice the way medical malpractice is treated by a medical malpractice attorney. Typically a contingency based agreement for representation. The attorney proves the deviation in the standard of care you were entitled to and then the damages claimed. Use the Avvo, "Find a Lawyer" feature for prospects.

The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.

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No, ideally you would hire an attorney that does both personal injury law and also handles legal malpractice claims against other lawyers. That way, the lawyer handling your legal malpractice claim understands precisely how the personal injury lawyer made mistakes and how those mistakes harmed you. My firm does both.

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:Legal mal cases involve the "case within a case" doctrine. The "underlying" case is the original injury claim; the "legal malpractice" case is the attorney blowing the injury claim. You need one lawyer---legal malpractice---who works up both cases. The value of the legal case is the lost value of the injury case. Your legal malpractice attorney will likely retain injury lawyers as experts to testify that the original lawyer fell below standards.

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I know some lawyers who do this kind of work.

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