| Are they protecting each other? Is there some sort of | | | | do not advertise their legal malpractice work. They |
| stigma in the legal community if you take legal | | | | don't want to run the risk of being flooded with calls |
| malpractice cases? | | | | from dissatisfied clients whose lawyer did a poor job, |
| Perhaps. A lot of attorneys handle legal malpractice | | | | but who can't prove economic harm or enough of a |
| cases but they don't advertise it, while at the same | | | | financial loss to make it worth pursuing. |
| time, they will heavily promote their legal malpractice | | | | In a legal malpractice case, you have to prove that the |
| work. | | | | plaintiff would have had a substantially better result in |
| One reason is that they may have a conflict of | | | | his case if the lawyer had not performed so |
| interest with the lawyer you want to sue. For example, | | | | inadequately. Even if the attorney's mistake is plain to |
| the attorney you want to hire may already be | | | | see, you still have to prove causation. You have to |
| representing an attorney at the same firm as the | | | | show that the reason you lost your case was not |
| attorney you want to sue. The attorney you want to | | | | because of any other factor, but the direct result of |
| hire cannot represent an attorney at a firm and then | | | | your attorney's error. |
| sue another attorney at the same firm. Lawyers must | | | | Also, payment in legal malpractice cases is on a |
| adhere to an ethical code in Illinois and many are | | | | contingency basis, which means you do not pay by |
| reluctant to enter any area that may even be a shade | | | | the hour but, rather, your attorney gets a portion of |
| of grey because the risks are too great, including fines, | | | | whatever you recover. On the flip side, your attorney |
| suspension and even disbarment. | | | | gets nothing if you recover nothing. Therefore, the risk |
| Another reason is that the legal community in Chicago | | | | is huge for the attorney taking on such a case and so |
| is an active one. Lawyers come together in court, at | | | | your case has to be worth taking. This means your |
| bar association meetings and even at social events. | | | | damages have to be quite high and your case has to |
| They interact with each other regularly through work | | | | have a good chance of winning. |
| and outside of work. Many do not want to jeopardize | | | | There are 35,000+ lawyers in Chicago and there are |
| that camaraderie and that alone may make finding | | | | many attorneys who will take a legal malpractice case |
| someone to handle your legal malpractice case a | | | | - even if they don't advertise it. But, your case has to |
| challenge, but not impossible if you have a solid case. | | | | be solid and worth their time and expense. |
| Having a solid case is the main reason many lawyers | | | | |