Is Arbitration Cheaper than Litigation in a Legal Malpractice Case?

Is Arbitration Cheaper than Litigation in a Legal Malpractice Case?

A common opinion is that arbitration is the most favored method when it comes to a dispute of legal malpractice with your ex-attorney. Litigation is known to be very costly and can take many years before a resolution comes about. By contrast, arbitration is supposed to be the alternative approach for a quick and inexpensive solution to a legal challenge.

This could be the case in some situations, and not so much in others. Depending on the terms of your agreement with your attorney, you may have signed a contract where arbitration is required. If you arbitrate over litigate, you typically forfeit your rights to discovery, having your case seen in front of a jury, and having the ability to appeal a decision that does not go in your favor.

If you believe you were the victim of legal malpractice in Ohio, the Cincinnati legal malpractice attorneys at The Green Law Firm can help.

When Can Arbitration Become Expensive?

Is Arbitration Cheaper than Litigation in a Legal Malpractice CaseLegal malpractice cases by their nature can be highly complex. It is the responsibility of the victim of legal malpractice to show that their lawyer was negligent and because of that, damages were suffered. In other words, the outcome of their case was not correct because their lawyer did not do their job properly.

Typically, when an arbitrator works on a legal malpractice case, it can take days or several weeks to finish. To compensate the arbiter for their work on the case, you would be paying them their hourly rate. The lawyer that you are going to arbitration against would also have to pay for their services, but, lawyers usually have insurance that covers these costs. You, on the other hand, are unlikely to have professional insurance to manage the expenses. So, you would pay out of pocket. Since arbiters tend to be legal professionals like other lawyers or judges, the hourly rate to compensate them can be very high. On the low end, hundreds of dollars.

Also, without the ability to go through discovery, you could be put at a disadvantage. This is so because you may not be able to get the information you need to support your case. By contrast, you would have had that opportunity if you went through litigation. As a result, if an arbiter still comes to the wrong conclusions, you are not likely to be able to appeal it the way you could with a jury verdict.

These considerations are just a sampling of the things to think about when you have been victimized by legal malpractice and want to take legal action to remedy your situation.  

The bottom line, though, is that arbitration for legal malpractice in Ohio is good for some but not for everyone. If your case is fairly clear-cut and uncomplicated, arbitration could be the right way to go. But, if you have a case that is highly involved, then arbitration may not be an inexpensive or fast proposition. And without the benefit of discovery, it may also be an uphill battle.

Speak with an Ohio Legal Malpractice Attorney Today

Managing a legal malpractice case in Ohio takes the experience and skill of a seasoned Ohio malpractice lawyer. To have your case examined by one of the talented Cincinnati legal malpractice lawyers at The Green Law Firm during a free consultation, please call (513) 769-0840.