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A. What is the Economic Value of the Damages Caused By Your Attorney?
Your attorneys mistakes must have caused damages far greater than $200,000 for it to make sense for you to pay another attorney $200,000 to prosecute your claims or to expect an attorney to invest that amount on a contingent fee basis. As valid as your claims may be, there is by no means any guarantee of victory. The law of legal malpractice tends to favor lawyers. Many judges simply don't like legal malpractice cases. And you can be sure your former attorney will not be forthcoming about his errors when you bring suit.
In short, the costs of prosecuting your claims are unusually high; in most instances too high. And there are risks to you of losing even if your case is a strong one.
As part of your determination of the value of the damages caused by your attorney, you should learn whether your state's judicial system will recognize the pain and suffering caused by your attorney or even other psychological injury. CITE Mallen.
Today, many states are increasingly allowing compensation for pain and suffering caused by an attorney's mistake or misconduct. New York State is very conservative. It only recognizes economic injury and even limits that to some extent.
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