What are common defenses to malpractice?
It is important to understand the defense tactics your former lawyer might raise when you sue him. This list is not meant to be exhaustive. Each case is highly fact sensitive, and there is no substitute for detailed analysis of your case by a competent attorney. Here are a few of the typical arguments defense lawyers might use to try to fight your legal malpractice claim: “You failed to bring suit against your attorney within the applicable statutory time period.” See Is there any time limit for when I can sue my lawyer? set forth below. “You had no attorney-client relationship with the attorney.” This comes up in a variety of situations, where you may have received legal advice but the attorney did not open a case, or where you had hoped to benefit from the lawyer’s work for another person. It is important to remember, however, that there are instances where an attorney can be held liable even to non-clients, especially if the non-client can show he reasonably relied upon the lawyer’s
