Home > Research Legal Advice > Ethics / Professional Responsibility > What is the difference between gross negligence and legal malpractice?
Asked about 2 years ago - Fairfield, CT
FlagMy attorney told me he could not see how I could lose this case. It was going to set a legal precedence. He lied to me and never turned over production evidence that was handed to him by a paralegal. However, he is doing federal trials with apparent ease. He kept me in the dark until I got a letter from the Judge who listed the violations and put conditions on my case so I will never win. Is there a possibility he was paid off by the other side to "lose" the case? He has a spotty past with a reprimand and a censor by the bar association. Martindale and Hubbel never warned potential clients of this. I lost practically everything due to this attorney's gross negligence of my case.
Legal malpractice is a form of negligence defined as a failure by a lawyer to act in accordance with the standard of care. Gross negligence is just a severe form of negligence.
When a lawyer tells you he doesn't see how you can lose your case, a good rule of thumb is to immediately get another lawyer. You can lose the best case in the world with the best lawyer in the world. Martindale is just advertising. Avvo actually screens listed lawyers better, but that's all ancient history at this point. It's highly unlikely your lawyer was paid off. It's much more likely he was just careless. Whether you have a viable legal malpractice case depends on whether your case was winnable in the first place. The fact that he said you were going to set a legal precedent is another red flag to me that the claim might have some legal or factual problems built right in.By all means get another opinion from another lawyer before your case gets dismissed. I can't tell you what kind of lawyer to speak to because you have not stated what kind of case it is.
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