PointofLaw.com wonders why more lawyers don’t get sued after losing a case:
The fascinating thing is that lawyers are never subject to that level of second-guessing. In any given litigation, one or both sides to the dispute ends up with less than an optimal result. In any given litigation, both sides’ litigation decisions can be second-guessed. Yet, even with hundreds of millions of dollars at stake, one almost never sees legal malpractice claims in a lost or settled case: no client protests that a deponent could have been prepared better; that a cross-examination should have been more (or less) aggressive; that the attorney’s brief-writing failed to present arguments as clearly as it could have; that an opening or closing argument was too dry for the jury; that a settlement failed to extract the maximum possible value; that the law firm’s failure to have a client’s discovery ready when it filed a suit in a rocket docket alienated a judge that then made adverse rulings. And, unlike a complex surgery, there’s a court record of just about all of these things to precisely focus such second-guessing.
