Is it difficult to win a legal malpractice lawsuit or get a full settlement?
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Legal malpractice claims are among the most difficult claims for lawyers to prove. That’s because in order to show the legal malpractice, the lawyer must first prove that the underlying case, the case that was initially lost by your first lawyer, had value and that you lost the value of that case because the lawyer was negligent. Once the lawyer can prove those two things, that you lost a valuable case and you lost it because of the negligence of a lawyer, you have a legal malpractice claim. This is known as a two-step process, in which you must prove both of those claims by a preponderance of the evidence.
