Legal malpractice occurs when a lawyer fails to render competent professional service to a client and the client is damages as a result of the failure. The three major theories of liability are negligence, breach of fiduciary duty, and breach of contract.
Lawyers suing lawyers can be a professional challenge of the highest order. It requires an attorney with experience and a reputation for high ethical standards. New York Attorney Susan Chana Lask is highly respected among peers for our ethical means of pursuing legal malpractice lawsuits.
To prove malpractice, i.e., to establish your lawyer's liability, you must prove that your lawyer owed you a duty to represent you competently, that he or she made a mistake or otherwise breached the duty owed to you, and that your lawyer's mistake harmed you, causing you damages. Additionally, you must file your lawsuit within the statutory time period or "statute of limitations" established by state law for legal malpractice claims.