To win a legal malpractice against an attorney, a former client must generally prove:
- The existence of an attorney-client relationship.
- Acts constituting negligence or breach of contract by the attorney.
- Acts by the attorney caused damage to the client.
- If it weren’t for the legal malpractice, the client would have been successful in his or her underlying claim or lawsuit.
A legal malpractice case generally involves proving what is known as a “case within a case” meaning that the client has the burden of proving that he or she would have prevailed in the underlying claim or lawsuit but for the attorney’s malpractice. If the client cannot prove that they would have been successful in the underlying claim or lawsuit, then any malpractice by the attorney cannot be considered a “legal cause” of damage to the client.
If you or a loved one has suffered as a result of legal malpractice, or know someone who has suffered as a result of legal malpractice, please call Steve Watrel, P.A. at (904) 723-0030, or (800) SWATREL (792-8735), or submit an online request. The initial consultation is free of charge and there is no obligation.


