Legal Malpractice FAQ’s

Frequently Asked Questions
How do I know if my lawyer committed legal malpractice?

The first question to ask is whether you lost your claim or lawsuit because of the conduct of your prior lawyer, such as something the lawyer should have done and didn’t do, or something the lawyer did but shouldn’t have.  Ultimately, the only way to know for sure if you potentially have a case against your prior lawyer for legal malpractice is to consult with a legal malpractice lawyer for an evaluation of any potential legal malpractice claims.

I lost a lawsuit I should have won. Can I sue my lawyer?

Maybe.  Whether you should sue your prior lawyer for a lawsuit that you believe you should have won depends on many factors, not the least of which is why the lawsuit was lost in the first place.  The only way to determine whether you should sue your prior lawyer is to consult with a legal malpractice lawyer and provide him or her with all of the facts of the prior lawsuit so you can be provided with a candid evaluation (and essentially second opinion) of the prior lawsuit.

How do I find out if a lawyer has been disciplined?

The State Bar of Nevada maintains a database of lawyer disciplinary records that have been made public.  You can access these records online at the State Bar of Nevada’s website or by contacting the Office of Bar Counsel.

My lawyer isn’t returning phone calls. What can I do?

If your lawyer is not returning your phone calls, call your lawyer’s office and ask to schedule a meeting with your lawyer to discuss not only the problem, but also your case generally. If your lawyer is unwilling to meet with you in person upon your request, then it’s probably time that you consider finding a new lawyer.

What are the ethical and professional responsibilities of Nevada lawyers?

Nevada lawyers are bound by the Nevada Rules of Professional Conduct.  A lawyer’s conduct may still be a violation of the Nevada Rules of Professional Conduct even if the conduct does not rise to the level of a legal malpractice claim.  Contact the State Bar of Nevada’s Office of Bar Counsel if you want to file a complaint against a lawyer.