Just because you lose your case and the attorney has done something wrong doesn't mean you have a good malpractice claim.

Sometimes an attorney can handle a case badly but not be liable for malpractice.

For example, if an attorney is representing a client in an auto accident case and waits too long to file suit and as a result the suit is dismissed, the person whose suit was dismissed does not have a good claim against the attorney unless he would have won the auto accident case. In other words, if the person was at fault for the auto accident and would not have gotten damages even if the attorney had done everything right, he cannot recover damages against the attorney.

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