Palo Alto, CA asked in Family Law and Legal Malpractice for California

Q: i have all the evidence for legal malpractice of previous lawyer how do i negotiate compensation?

i found out her errors 4 years later when i decided to represent myself bec i got into a lot of debts bec of d case suffered financial hardships and case dragged bec of her serious oversight

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you believe your previous lawyer committed malpractice that caused financial harm, you should first gather and organize all evidence of the errors, including court documents, communications, and financial records showing your damages.

Consider consulting with a legal malpractice attorney who can evaluate your case's merits, as these claims are complex and often require expert testimony to prove both the breach of duty and resulting damages. In California, you generally have one year from discovering the malpractice to file a claim, but there are exceptions that might apply in your situation since you discovered the issues four years later.

Before pursuing litigation, you might want to write a detailed demand letter to your former lawyer outlining the specific errors and your losses, then attempt to negotiate through their professional liability insurance carrier. Many malpractice cases settle before trial, but having a skilled attorney represent you during negotiations can significantly improve your chances of reaching a fair settlement. If negotiations fail, your attorney can help determine whether filing a lawsuit would be worthwhile given the strength of your evidence and potential recovery amount.

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