The wrong way to find the right “expert” for your legal malpractice case

By Warren R. Trazenfeld, Esq.

It happens about a dozen times a year, the most recent occasion was about a week ago. I received a phone call from a young lawyer inexperienced in suing lawyers who was tasked with hiring a legal malpractice “expert” for a legal malpractice case her midsized local firm was involved in. The partner in charge of the file told her to go find an “expert”. When I asked her what the case involved, she told me it involved a foreclosure case. When I tried to tell her that she needed an “expert” in foreclosure litigation, she sternly asked me why I could not help her because she perceived me to be an “expert” in legal malpractice. Rather than educate her, I simply told I would be unable to help her. Without hesitation, she asked if I knew anybody that could. I said I did not. For the sake of her client, like the blind chicken who picks up kernels now and again, I am hopeful she found the right “expert”.

Of course, in a legal malpractice case, the “expert” you need is one who has knowledge in the underlying substantive area, whatever that might be.

      

What is Legal Malpractice?

By Warren R. Trazenfeld, Esq.

What is Legal Malpractice?

Do you know what constitutes legal malpractice?

Legal malpractice is when an attorney falls below the standard of care required of attorneys in a similar situation. Simply stated, it is when an attorney fails to do something he should have done or does something incorrectly. For example, if you hire an attorney and that attorney fails to file your lawsuit within the time period in which such lawsuit must be filed, then that lawyer has committed legal malpractice.

If you have suffered as a result of your attorney’s wrongdoing, contact my firm to arrange a time when we can discuss your case.