A question sometimes contemplated by clients, especially after they learn their current attorney has been successfully sued for legal malpractice, is “should I get a new attorney?” The truth is, sometimes even the best, brightest and most well-meaning attorneys or their staff make mistakes that can cost their client a case. That does not mean that they are serial offenders, it may have been a one-time occurrence which they have learned from and not repeated. The only way, as a client, to determine whether or not you should remain with your current attorney, despite a finding of legal malpractice against them, is to determine whether they are diligently and competently handling your case. Just as in considering the advice of a doctor, it does not hurt to get a second opinion.
Everyone makes mistakes and that is why attorneys, like doctors, carry malpractice insurance, in the event that they make a mistake. Just because a mistake was made on another client’s file that amounted to a legal malpractice suit against the attorney, does not mean that you can expect the same thing to happen to your case. However, ultimately the decision of whether a client chooses to stay with his/her current attorney is up to the client. Give us a call if you think we can help.