Litigating a legal malpractice case generally requires presenting a "case within a case wherein the plaintiff must establish that, but for the defendant law firm's legal malpractice, the underlying case would have been won for the plaintiff." Premier Networks, Inc. v. Stadheim and Grear, Ltd., 335 Ill. Dec. 304, 918 N.E.2d 1117 (App. Ct. 1st Dist. 2009). Consequently, almost every malpractice matter requires at least one expert witness to address the defendant-attorney's standard of care and the deviation from said standard.
Two common issues with legal malpractice claims are: proximate cause and the applicable limitations period. Both of these items are relative and nuanced for each case.
Due to the aforementioned issues with legal malpractice matters, the cases accepted by this office are almost always complex from the outset and require a significant amount of attorney commitment and time-intensive review. Potential clients should be aware of the costs, fees, and time involved for each matter--compared with the underlying damages sought in the malpractice matter.