How to File a Legal Malpractice Suit
- 1). Consult with at least two attorneys who specialize in legal malpractice suits in your area and ask for opinion letters as to the nature of your case. Legal malpractice is a complicated lawsuit to maintain; even if you don't hire the attorneys you speak with, obtaining opinion letters will help you decide how to proceed.
- 2). Draft the complaint. In the complaint, name your lawyer as the defendant. Set out the facts that you believe constitute legal malpractice. Explain that, had the attorney acted differently, the outcome of the case would have been different.
- 3). Obtain a summons form from the local court in the county where the malpractice occurred or in the county where the lawyer has a permanent residence of place of business. Courts have premade summons forms; the summons simply informs the defendant that he is being sued and explains what to do next.
- 4). Hire a local process server and serve the lawyer with a copy of the complaint and the summons form. You may also serve your attorney via first-class registered mail, return receipt requested.
- 5). Send the court clerk a copy of the complaint and a statement about how you delivered the complaint and summons form to the attorney. Include a check for the filing fee (check with the court for current filing fees).