The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. This standard, called the privity rule, finds its footing in the definition of legal malpractice.
It is generally well-settled that a party cannot sue the laywer who represents an opposing party. In the case Hitchcock v.
Substantial levels of re-litigation of the original case are often necessary in order to be successful in a legal malpractice case. Even when the attorney in your original case made a serious error, a jury may feel you would have lost the case no matter what.
The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. This standard, called the privity rule, finds its footing in the definition of legal malpractice.
Winning a medical malpractice claim can prove very difficult. However, that does not mean that you cannot win. If you suffered a serious injury due to the negligence of a medical care provider, you deserve compensation for those losses.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
For legal malpractice claims based on negligence, you need to prove the following four elements: The lawyer owed a duty to provide competent and skillful representation, The lawyer breached the duty by acting carelessly or by making a mistake, The lawyer's breach caused an injury or harm, and.
Conclusion. Proving causation is often the most difficult element of a medical malpractice case. However, it is not impossible.
The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. This standard, called the privity rule, finds its footing in the definition of legal malpractice.