Sometimes a representation does not go according to plan. Clients may be dissatisfied with the direction a litigation is going or perhaps disagree with a legal strategy employed by counsel. For these and numerous other reasons, clients may consider hiring replacement counsel to “fix” the problems or otherwise repair what the client believes is a broken representation. That gives successor counsel the opportunity to “save the day” by rescuing a problem representation and converting it into a win for the client.
These scenarios are challenging for the replacement counsel, in spite of the opportunities they present. Replacement counsel is usually expected to overcome the mistakes, errors or poor performance of prior legal counsel. There also is a risk that if there is any potential legal malpractice liability arising from prior counsel’s work, the liability becomes a shared risk between both the former and successor attorney.
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