ECKO is one of the Utah law firms that will file legal malpractice cases. We take such cases because we believe that lawyers like doctors, semi drivers, and manufacturers should be held responsible for their mistakes.
There is a winner and a loser at every trial. It is not legal malpractice if you lose. Instead the lawyer must break a rule that every lawyer knows or should know to follow. And breaking that rule must be the reason that causes the bad result.
If these two things occur and it can be proven that a different outcome would have occurred without the mistake, you may have a good legal malpractice case.
The legal malpractice case will thus require two different levels of proof. First, that the lawyer broke the rule. This may be as obvious as missing a deadline or may require testimony by an uninvolved expert lawyer who explains the rule.
The second level is to prove the fault in the underlying case. That could mean proving who caused an accident, committed medical malpractice, or manufactured a defective product.
If a judge or jury decides you have proven both of these points then you may finally receive your damages. As you can see this is an area of law that requires special expertise.