Monday, February 23, 2009

Will There Be an Increase in Lawyer Malpractice Claims?

I doubt this trend. It is nearly impossible to win a legal malpractice case. Say the odds of wining a single negligence trial is 50%. One must win two trials, show the usual elements of professional malpractice. Then prove that the original case would have been won, so the odds are 25%. If that takes place, the defendant will still claim the attorney judgment rule.

Now prove the ability to collect after winning both trials. Say, 50% again. So, the odds are 1 in 8 of winning, assuming strong evidence. The judge is a lawyer and is totally biased in favor of his campaign donors, mostly attorneys. So the 1 in 8 chance represents a marked overestimate of the chance of success, since sabotage of the plaintiff is ongoing the entire trial.

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