One of the reasons why I wrote my latest book titled “Minority Viewpoint – my experience, as a person of color, with the American Justice System” is to share the lessons learned that many average people may not be aware of. One of these lessons is that it is extremely difficult to successfully sue a lawyer for malpractice. What I understood is that barring blatant misconduct that is wild and outrageous, most claims such as mine against my lawyer will likely get thrown out of court in the summary judgment phase. The lawyers are keenly aware of their powerful advantage over us.
Besides the summary judgment reality, most people who need to sue a lawyer already suffered a loss and don’t have the means to afford to pay an expert to strengthen their case. Unless you have slam dunk evidence against your former attorney, few if any malpractice lawyers will take your case on a contingency basis.
It seems to me that prevailing in the legal system is often based on how much money you have to play with. It is hence, again, my reason for believing that lawsuits are for the wealthy and privileged. Folks like us ought to try and avoid them if at all humanly possible!
This lesson also reiterates the importance of not poorly choosing a lawyer should you decide that you have to take legal action. If you make a bad choice as I feel that I did, you’re going to be stuck with the consequences.
There’s no remedy available after the fact (not even with the Lawyers Professional Responsibility Board), as my case illustrates in the harshest of ways!!!!!!