Is failing to prove covered defect legal malpractice if damages are under $250,000?

Question

I believe my lawyer committed legal malpractice in handling my lemon law case. My lawyer lost the case, as quoted directly from the arbitrator, by "failing to prove the existence of a defect covered by warranty," despite my car's water pump defect being under warranty. Specifically, he failed to interview two separate mechanics who independently found the water pump defect to support our submitted exhibits, which were diagnosis reports from the mechanic's service department. Additionally, he hired an expert mechanic to inspect the vehicle but failed to ask the expert to focus his inspection on the water pump, resulting in the expert's report not mentioning the water pump at all. I have documented communications and agreements with him regarding how the case would be handled. A legal malpractice lawyer I consulted with believes I have a case but did not take it because my damages were $103,784.25, which is under the $250,000 threshold for their consideration. Is this considered legal malpractice?

James L. Arrasmith · Answer

Based on what you described, your lawyer’s failure to properly investigate and present evidence regarding the water pump defect could qualify as legal malpractice. Legal malpractice generally occurs when an attorney fails to provide the level of care and skill that a reasonably competent attorney would, and this directly causes harm to the client. In your case, not interviewing key mechanics and not directing the expert to inspect the specific defect may meet that standard. 
 
The dollar amount of your damages does not determine whether malpractice occurred; it only affects whether a lawyer is willing to take your case. Some attorneys decline cases under a certain monetary threshold because the potential recovery may not cover their fees, but this does not mean that malpractice did not happen. Your documented communications and agreements strengthen your position that the lawyer did not follow your instructions or pursue the defect properly. 
 
If you wish to pursue legal malpractice, you could seek out other attorneys who handle smaller-scale claims or consider contingency arrangements that align with your damages. You may also be able to file a claim directly in a civil court, but timing matters because legal malpractice claims are subject to statutes of limitations. It’s important to review your documentation and determine the strength of causation between the lawyer’s errors and the financial loss you experienced.

Q: Is failing to prove covered defect legal malpractice if damages are under $250,000?