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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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