Legal malpractice cases are usually complicated. The majority of the time these cases do not settle early. They require a lawsuit be promptly filed and many hours devoted to “discovery.” A rule of thumb is that the legal malpractice case will be at least as costly as the underlying case which resulted in the necessity to prosecute a legal malpractice case, and probably more costly. The reason is that legal malpractice cases require that two cases be proven: One case involves proving the attorney committed malpractice and we must also prove liability, damages and collectibility in the former case. This is called “a case within a case,” and can require over twice as much work as a single case. Consequently, the fees and costs can be substantial.
Some cases lend themselves to a contingency fee, while others might require hourly fees, or a combination of the two. If, for example, the former case was a personal injury matter that was handled on a contingency basis, then it is most likely that the legal malpractice case would be handled on a contingency. However, because of the complexity of the case, the contingency fee might be higher; typical fees range from 40% to 45% of the recovery.
The amount of the costs (experts, depositions, filing fees, etc.) will depend on the type of case involved. For example, if the underlying case was for medical malpractice, then all of the costs that would have been required in the medical malpractice case will have to be spent in the legal malpractice case since the former case must be proven. Typically these costs could exceed $100,000. If, however, the former matter would not have required numerous witnesses and experts, then the costs of the legal malpractice case would be less. However, even in a relatively uncomplicated case, it would not be unusual for there to be costs of $50,000 to take the case through trial. Depending upon the type of case, the legal malpractice attorney might agree to advance all costs (as does Traut Firm), or, as some other law offices do, require the client to advance all costs.
If you’ve been injured in an accident, harmed by unsafe property conditions, or wronged by a negligent attorney, don’t wait to protect your rights. Evidence disappears quickly, and strict time limits apply to every case.
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Not every lawyer delivers the representation clients deserve. When attorneys fail to meet deadlines, provide inadequate advice, mishandle cases, or create conflicts of interest, the consequences can be severe. At Traut Firm, we are among the few firms in Orange County that specialize in legal malpractice litigation. We hold negligent lawyers accountable, helping clients recover damages for the harm caused.
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