Is it true that before you file a Malpractice suit in court that you have to give the Bar a chance to investigate?

Asked about 2 years ago - Atlanta, GA

I feel I have a malpractice suit against a lawyer for failing to file a motion for me in open court before the statute of limitation ran out, so I loss my case. I then filed a grievance to the State Bar to give them a chance to rectify the wrong; after the State Bar found no wrong, I then file a motion in open court. I know that there is a 4 year statute of limitation to file a suit in open court but I thought it doesn't start until you exhaust your administrative remedies, ie, to give the Bar a chance to correct the wrong.

Attorney answers (2)

  1. Michael Ryan Juarez

    Contributor Level 16

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    Answered . Dear Plaintiff,

    As Plaintiff, you are the master of your own suit. If you decide to take legal action by filing a suit against your old attorney for legal malpractice you most certainly can. However, I recommend finding a legal malpractice lawyer to evaluate your case and assist you with it.

    An attorney can tell you the standard of care your old attorney should have met and if you can prove he fell below that standard. A mistake is not enough. His failure must have caused the outcome to be different then if he followed the appropriate standard of care.

    Then there is the issue of damages. They cannot be speculative. Since your attorney missed a SOL you may have a case if he doesn't have an adequate defense/excuse.

    I hope this helps. Good luck.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  2. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Lawyer agrees

    Answered . The bar complaint and malpractice claim are unrelated.

    The bar deals with violations of disciplinary rules, not malpractice (although in some cases some conduct may be both). The Bar rarely "corrects" wrongs; it may disbar, suspend or reprimand a lawyer.

    If you have a claim, see a lawyer and make it. Do not wait on the state bar complaint.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

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