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The Economics of a Legal Malpractice Case

In every legal malpractice case, the plaintiff is required to hire an expert witness, a lawyer, to testify that the defendant breached the standard of care. This is also required in medical malpractice cases.  Experts cost money that will inevitably reduce any recovery. So when you think of filing a legal malpractice case, you need to be able to plausibly prove a significant amount of damages before the legal malpractice case becomes worth pursuing. Small cases, for $10,000 or $15,000, don’t work economically. Indeed, most clients would be worse off if such a case were actually filed because the legal fees and expert fees would exceed the recovery.

Ed Clinton, Jr.

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