Would a law firm I want to sue most likely want to settle, rather than go public?
Q: If I believe my former lawyer committed malpractice, will sending a letter threatening a lawsuit lead to a quick settlement?
A: Many people assume that law firms are eager to avoid negative publicity and will quickly settle if they receive a strongly worded threat of a lawsuit. In practice, this strategy rarely succeeds. Law firms do not like being sued, and lawyers as a group tend to be highly sensitive to allegations of wrongdoing. When a firm receives a threat of litigation, the first step is almost always to contact the lawyer involved. That lawyer will typically respond with indignation and insist that the problem was the client’s fault or the result of unrelated circumstances.
Q: Will a law firm settle quickly to avoid bad press?
A: In most cases, no. Once the firm hears the lawyer’s version of events, it will almost always defend the lawyer rather than attempt to quietly resolve the matter. Any fear of publicity tends to disappear once the firm concludes that its attorney acted appropriately—or at least that the firm should stand behind them.
Q: What should I keep in mind if I’m considering a legal malpractice claim?
A: If you believe that sending one letter will pressure a law firm into a quick payout, it is important to reassess that expectation. Legal malpractice claims are typically complex, strongly contested, and aggressively defended. Anyone considering such a claim should be prepared for a thorough, formal process rather than a swift resolution based on threats alone.
Would a law firm I want to sue most likely want to settle, rather than go public?
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