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No Harm, No Foul – Understanding the requirements for a legal malpractice case – Part 3

Can I sue my lawyer?

Having represented many clients in legal malpractice and State Bar disciplinary matters, I can’t begin to count how many phone calls have started with that question. Non-lawyers (and even some lawyers), are surprised to learn that the answer is often more complicated than they think. In the first two parts of this series, we focused on some elements that you must satisfy in order to have a viable claim against your attorney.
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No Harm, No Foul – Understanding the requirements for a legal malpractice case – Part 2

As I mentioned in Part 1 of this series, you’ll need to fulfill at least three essential elements in order to have a valid legal malpractice claim:
  1. There was an attorney-client relationship, or at least a good faith basis for relying on the attorney.
  2. The attorney failed to exercise ordinary care, skill and diligence.
  3. Damages (loss of money, property, health, etc.) were caused by the attorney's failure and not some other factor. As discussed in Part 1, the underlying damages must have been collectible.
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No Harm, No Foul – Understanding the Requirements for a Legal Malpractice Case – Part 1

I hear it all the time; “My lawyer screwed up. I want to sue.” As a Board Certified Georgia Legal Malpractice Attorney, I get these calls often. Unfortunately, Georgia law requires a little more evidence than a clear mistake by the attorney for you to actually succeed in a legal malpractice case. You’ll need to fulfill at least three essential elements in order to have a valid claim: