Maryland Legal
Malpractice Attorney
Did your attorney make a mistake that prejudiced your right to recover damages? Start with a careful review of what happened, the relevant documents, and the effect on your claim.
Request a Legal Malpractice ReviewHow the review beginsTell us what happened.
We’ll identify what needs review.
Alan J. Belsky approaches inquiries through his practice with careful preparation, practical judgment, and direct communication.
- The original matterWhat kind of case was involved, and what was the attorney retained to do?
- Your concernBriefly explain the action or omission you want reviewed and when you learned about it.
- The effect on youDescribe what happened to the underlying matter and any loss you believe resulted.
- Documents and timingThe office will explain which documents to provide securely. Mention any pending court dates or deadlines in your first inquiry.
The “case within a case.”
When an attorney’s negligence allegedly costs a client a damages recovery, proving the mistake is only part of the task. The client must also establish what would likely have happened in the underlying case without that mistake—and the loss the mistake caused.
Two layers of proof
The malpractice action examines the attorney’s conduct. Within it, the underlying claim must also be reconstructed: the evidence supporting liability, the defenses, and the damages that could have been recovered. This is often called a “case within a case” or “trial within a trial.”
For example, if an attorney negligently misses the filing deadline for an injury lawsuit, the client must still prove the merits and value of that injury claim. A missed deadline alone does not establish that a valuable recovery was lost.
Maryland authority: Suder v. Whiteford, Taylor & Preston, LLP (2010). The method of proving causation depends on the circumstances of the claim.
Why substantial harm matters
These cases can require extensive file review, discovery, depositions, and expert testimony about the attorney’s professional duties. The underlying claim may require its own experts—for example, medical experts in a lost medical malpractice case. That layered work can demand a substantial commitment of time and expense.
For that reason, his practice evaluates whether the alleged mistake caused substantial, provable loss and whether the likely recovery justifies the cost and risk of pursuing the claim. Serious harm may include a significant financial loss; it does not have to mean a physical injury.
A smaller loss can still matter greatly to the person affected. Substantial harm is a consideration in accepting a case, not a universal legal minimum for malpractice liability.
On expert proof: Maryland court discussion of the professional standard of care.
Ethical misconduct
and legal malpractice.
Professional conduct
Ethical misconduct concerns an attorney’s compliance with the Maryland Attorneys’ Rules of Professional Conduct, including duties involving honesty, communication, conflicts of interest, and client funds. An ethics violation does not, by itself, establish a civil malpractice claim.
Legal malpractice concerns a breach of a duty owed to the client that causes an actual, compensable loss. For a lost damages claim, that includes the “case within a case” analysis described above.
Sometimes the same conduct raises both issues. Neglecting a matter, for example, may violate professional duties and also cause the loss of a valuable claim. Each process has its own requirements; a disciplinary finding does not automatically prove malpractice, and disciplinary action is not a prerequisite to evaluating a damages claim.
See Maryland Attorneys’ Rules of Professional Conduct, including Rule 19–300.1, Scope, paragraph [20].
Maryland’s Attorney Grievance Commission
Complaints about ethical misconduct fall within the disciplinary responsibilities of the Attorney Grievance Commission of Maryland. Through the Office of Bar Counsel, it reviews complaints, investigates alleged misconduct, and, when appropriate, pursues disciplinary proceedings.
That process addresses professional accountability and can lead to sanctions, including suspension or disbarment. It does not award malpractice damages or provide an attorney to handle your claim. There is no fee to file a complaint.
If you believe an attorney’s conduct caused a financial loss, obtain a separate review of your potential civil claim promptly. Do not wait for a grievance complaint to be resolved before addressing the deadlines for a damages action.
How we decide whether
to pursue a case.
His practice pursues only legal malpractice claims involving attorney errors or omissions that deprived a client of a recovery of monetary damages. These matters usually—but not always—arise from personal injury claims.
We do not pursue claims involving only the loss of rights that carry no monetary value. Our focus is on a provable loss of monetary recovery, rather than dissatisfaction with representation or the loss of a nonmonetary right alone.
This describes the scope of his practice. Each potential claim still requires a review of the attorney’s alleged error or omission, the underlying claim, and the damages that were lost.
If you are unsure whether your matter is a fit, a few details is all we need to get started.
Tell Us About Your CaseLegal malpractice:
frequently asked questions.
Does an unfavorable result mean my attorney committed malpractice?
An unfavorable result does not, by itself, establish legal malpractice. The review examines whether the attorney breached a duty owed to you and whether that error or omission caused an actual loss. In a claim involving a lost monetary recovery, the underlying case must also be evaluated.
What kinds of legal malpractice claims does his practice pursue?
His practice pursues attorney errors or omissions that deprived a client of a recovery of monetary damages. These matters usually—but not always—arise from personal injury claims. We do not pursue matters involving only nonmonetary rights, dissatisfaction with representation, or ethical complaints without a lost monetary recovery.
Case selection also considers whether the loss can be proved and whether the likely recovery justifies the time, expense, and risk of pursuing the claim.
What does the “case within a case” mean?
Proving an attorney’s mistake is only one part of a lost-recovery claim. The client must also establish what would likely have happened in the underlying matter without that mistake. That can require reconstructing the evidence supporting liability, evaluating defenses, and proving the damages that could have been recovered.
For example, a negligently missed filing deadline does not by itself prove that a valuable injury claim was lost. The merits and value of that underlying claim still matter.
Why does the amount of financial harm matter?
A legal malpractice action can require extensive file review, discovery, depositions, and expert testimony about the attorney’s professional duties. The underlying case may require additional experts of its own. This layered work can involve substantial time and expense.
His practice therefore considers substantial, provable financial harm when deciding whether to accept a case. This is a consideration in case selection, not a universal legal minimum for malpractice liability.
How is an ethical complaint different from a malpractice claim?
An ethical complaint addresses compliance with professional conduct rules. A legal malpractice claim seeks compensation for loss caused by a breach of a duty owed to the client. Sometimes the same conduct raises both issues, but an ethics violation does not automatically establish malpractice.
The Attorney Grievance Commission of Maryland, through the Office of Bar Counsel, reviews complaints and investigates alleged misconduct. Its disciplinary process does not award malpractice damages. Obtain a separate review of a potential civil claim promptly; do not wait for a grievance complaint to be resolved before addressing civil filing deadlines.
What should I provide for an initial review?
A few details is all we need to get started: the type of underlying case, what you retained the attorney to do, the suspected error or omission, when you learned about it, and the monetary recovery you believe was lost. Mention any pending court dates or deadlines.
The office will explain which documents to provide securely. Relevant materials may include the engagement agreement, correspondence, court filings and orders, and records supporting the underlying claim. You do not need to gather the entire file before making your first inquiry.
Does submitting an inquiry mean the firm represents me?
No. Submitting an inquiry or participating in a preliminary review does not by itself establish an attorney-client relationship. Representation requires the firm’s express acceptance and a written agreement. Do not assume the firm is protecting a deadline unless representation has been confirmed.
Concerned about medical care?
Medical malpractice inquiries have their own review process and case selection criteria.
Explore Medical Malpractice