How to Find a Lawyer Who Sues Lawyers

If you have called a few general practice firms and been turned away, you are not imagining it. There are practical reasons, and none of them mean your claim is weak.

• It is a specialty. A malpractice case usually means trying your original case again as a case within a case, hiring an expert witness on the standard of care, and fighting a defense paid for by an insurer. Lawyers who do not handle these cases regularly often decline.
• Many lawyers in the field work for the other side. Malpractice insurers hire defense firms to represent the lawyers they insure. Those firms know the law well but will not take clients against lawyers because of conflicts.
• Local relationships. In smaller legal communities, some lawyers are reluctant to sue someone they see in court every week. A lawyer from a nearby city, licensed in your state, may be more willing.
• Economics. Most of these cases are taken on a contingency fee. The lawyer is betting time and expert costs on the result, so the likely recovery has to justify the investment.

Much legal malpractice defense work is paid for by insurers, so the first question to ask any lawyer is whether they represent clients who sue lawyers, and what share of their practice that is.

Board certification

The American Board of Professional Liability Attorneys (ABPLA), organized in 1972, describes itself as the only organization accredited by the American Bar Association to board certify attorneys in legal malpractice and medical malpractice. Certification requires experience in the specialty and an examination, and the ABPLA website has a directory of certified lawyers. The American Board of Professional Liability Attorneys is the only ABA-accredited organization that board certifies lawyers in legal malpractice, which makes its directory a useful first filter. Not every capable lawyer is certified, so treat it as a starting list, not the whole market.

California also certifies specialists in legal malpractice law through the State Bar of California's Board of Legal Specialization. The specialty covers the prosecution or defense of claims against attorneys, so ask which side a certified specialist handles.

State bar lawyer referral services

Most state bars and many county bars run lawyer referral services that match callers with lawyers by practice area. Some referral services charge a small fee for a first consultation. The State Bar of Texas Lawyer Referral and Information Service refers callers to a lawyer who provides a consultation of up to 30 minutes for no more than $20. Ask the referral service specifically for a lawyer who handles legal malpractice for clients.

Referrals from other lawyers

Lawyers who handle malpractice cases for clients get many of their cases from other lawyers. If you have a lawyer you trust in any practice area, including the new lawyer who took over your case, ask who they would send a malpractice claim to.

A free case review

SueMyLawyer.org offers a free case review that can connect you with an independent attorney in your state who handles legal malpractice claims. We are not a law firm and do not evaluate claims ourselves.

Ten minutes of checking can save you weeks with the wrong lawyer.

1. Confirm the license. State bars publish free lawyer search tools. Make sure the lawyer is licensed and active in the state where your case happened.
2. Check discipline history. The same search usually shows public discipline. A lawyer who sues other lawyers should have a clean record.
3. Read what they say they do. A firm whose website talks about "defending professionals" or "representing lawyers" is probably on the defense side.
4. Look for trial experience. A lawyer who has tried cases is better prepared if yours does not settle. Ask how many legal malpractice cases the lawyer has taken to verdict.
5. Check the practice area match. A lawyer who also handles the kind of case you originally had (divorce, injury, estate, criminal) will understand the case within a case.

Lawyers who take these cases decide quickly. The better organized you are, the faster you get a real answer. Bring or send:

• The retainer agreement or engagement letter with the lawyer you want to sue.
• Every bill and payment record.
• Key documents from the original matter: the complaint, the judgment or dismissal order, the settlement agreement, the will or contract.
• Emails and letters with the lawyer, especially anything about deadlines, settlement offers, or advice.
• A one page timeline with dates: when you hired the lawyer, when the mistake happened, when you found out, and when the relationship ended.
• A number: what you think you lost, and why.

If you do not have the documents, ask for your client file. Our guide on getting your case file from your lawyer explains how, and our before you sue your lawyer checklist covers the rest.

The date you discovered the mistake matters as much as the mistake itself: in California, a client generally must sue within one year of discovering the lawyer's error, and no later than four years after it happened, under Code of Civil Procedure § 340.6. Check your state on our statute of limitations page and contact lawyers well before the deadline, since some will not take a case with only weeks left.

1. Do you represent clients against lawyers, and how often? You want someone for whom this is a regular part of the practice.
2. How do you charge? Most work on contingency, some charge hourly or a hybrid. Get it in writing. See whether legal malpractice lawyers work on contingency.
3. Who pays for the expert? Most cases need an expert, and expert fees can be significant. Ask whether you pay as you go or the firm advances costs.
4. What is my deadline? Ask the lawyer to identify the date, in writing, even if they decline the case.
5. What would I have to prove? A good lawyer will explain the case within a case and the damages in plain language.
6. Does my state require an expert statement at filing? Some states do. Pennsylvania, for example, requires a certificate of merit within 60 days of filing a professional negligence complaint against a lawyer.
7. If you will not take it, why not? The reason tells you whether to keep looking or to pursue another route.

Under Pennsylvania Rule of Civil Procedure 1042.3, a client suing a lawyer for professional negligence must file a certificate of merit with the complaint or within 60 days after filing it.

You were hurt once by a lawyer. Be careful choosing the next one. These are reasons to slow down:

• A promise about the result. No lawyer can promise you will win or name the amount you will recover before reviewing the file and the damages.
• No written fee agreement. Under ABA Model Rule 1.5(c), which most states follow, a contingency fee agreement must be in writing, signed by the client, and must explain how the fee is calculated and which expenses you will owe.
• No questions about deadlines. A lawyer who does not ask when you learned about the mistake is not thinking about the statute of limitations.
• No mention of the case within a case. If the lawyer does not ask what would have happened without the mistake, they have not yet evaluated your claim.
• Pressure to sign on the spot. A good lawyer will give you time to read the agreement and ask questions.

Also be wary of anyone who asks you to pay a large upfront retainer for a malpractice case without explaining what it covers, how it will be billed, and what happens to any unused amount.

It is fine to consult several lawyers before choosing one. Tell each one the same facts, bring the same documents, and compare how they explain the strengths and weaknesses of your claim.

Being turned down is common and does not mean you were treated fairly. It usually means one of four things: the loss is too small to cover expert and trial costs, the lawyer has no insurance or assets to collect from, the deadline has passed or is too close, or the lawyer does not think the original case would have come out better. Our guide on what is not legal malpractice explains the last one.

You still have options that do not require a malpractice lawyer:

• Fee disputes: state and local bar fee arbitration programs. See attorney fee dispute arbitration.
• Misconduct: a bar grievance, which can lead to discipline but not damages.
• Stolen money: your state's client protection fund.
• Smaller losses: in some states, small claims court.

If you think your lawyer's mistake cost you, a free case review takes about two minutes and can connect you with an independent attorney in your state who handles legal malpractice claims.