Generally speaking, in the US, an opposing attorney does not owe you a duty that would give rise to a claim for legal malpractice. Inexperienced or negligent attorneys will sometimes lead clients to sue the wrong parties.First of all, you can't sanction opposing counsel, only the Court can "sanction. " Next, you don't "have" the preponderance of evidence. You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. Our New York contract malpractice lawyers have over 30 years of legal experience, and are capable of identifying how contract mistakes could have been avoided. Tell your lawyer you want settlement negotiations to start immediately and if the matter cant be settled that you want to go to Trial. Lawyers navigating legal malpractice waters employed litigation techniques learned in medical malpractice and other professional liability litigation involving. If you are filing a lawsuit against someone, you are the Plaintiff.