Legal malpractice attorneys represent persons who have previously retained lawyers as representation, and through the neglect of the original lawyer the clients and their cases have suffered.
Lawyers can be guilty of malpractice in a number of ways. A lawyer can perform well below his or her capabilities due to conflict of interest or just plain negligence. There are deadlines to be met, limitations on how long a client has to file a claim, settling a case for less compensation without the client's consent, and breaches of contract due to fiduciary and consumer protection statutes. Attorneys can also harm clients by over charging them or causing clients physical and emotional hardship due to time and money lost.
For a client's new attorney to win a case against the negligent attorney, the new attorney must prove at least two things. The first proof is that the accused lawyer in fact had a professional relationship with the client and that there was negligence involved. The new lawyer must prove that there was negligence and that it cost the client The second and more difficult matter to prove is that the client would have won the suit the previous lawyer was guilty of neglecting.