Insight: In order to succeed in a malpractice action, you need to prove not only that your attorney made an error, but that it resulted in harm to you. This is usually done by showing that you would have obtained a more favorable result, absent the attorney’s mistake.
If your litigation is still ongoing, it may be possible to correct the lawyer’s error. Often, the mistake will have prevented you from succeeding in all or part of your lawsuit. If you feel an error has been committed, it is usually best to notify your lawyer of his or her potential malpractice. This is not always easy to do, and it usually will result in your having to hire another attorney to represent you in the pending case.
If you think your attorney has committed malpractice, you can always contact a legal malpractice attorney to get an opinion and advice on whether or not to notify your attorney, and the likely implications of doing so.