Is it legal malpractice if your attorney only gets a small settlement offer and the case is awarded more without that attorney?
I had an auto accident case in which I was given a very small offer. The attorney pressed me to accept $2500 offered and when I said no, he moved to be relieved as counsel. I took the case on myself and found that not even the basic form ROGs had been sent out and I was able to work the insurance company up to $10,000. Luckily, the majority of my medical bills had been covered by insurance claims.
In any case, I wasn't really damaged when I did better without him, but he certainly should have been able to do far better than he did. Would it be worth suing or is this just bar complaint material?
Because you did not accept the smaller settlement, there are no damages. Also, earlier smaller settlements can be valued more highly than later bigger settlements due to savings in legal fees to get the higher settlement and because the earlier smaller settlement can have a higher "present value" than a later higher amount.