First, your lawyer must hire an expert in the legal malpractice field to testify concerning whether or not your lawyer met the standard of care of the reasonably competent attorney. Occasionally attorneys fail to represent clients properly. Deadlines like the statute of limitations may be missed. Some attorneys suffer from substance abuse. Others take on cases they aren’t qualified to handle competently. These factors and numerous others may result may end with a bad result which wouldn’t have occurred had the case been handled properly.

Second, your lawyer must prove that had your case been handled properly, you would have prevailed. This is referred to as the “case within a case” element of proof.

Thirdly your lawyer must prove that the previous lawyer’s malpractice was the substantial cause of your damages. It would be virtually impossible for most layman to successfully navigate through the minefield described above.

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