Clients turn to replacement counsel when things do not go as planned. In such situations, clients must hire replacement counsel to pick up the pieces of the broken representation and “fix” the problems. That gives successor counsel the opportunity to be a hero by rescuing a problem representation and converting it into a win for the client.

While rife with opportunity, these scenarios are challenging for the replacement counsel, who must overcome the mistakes, errors, or poor performance of prior legal counsel. There is additionally a risk that if there is any potential legal malpractice liability arising from prior counsel’s work, such potential liability becomes a shared risk between both the old attorney and the new one.

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