Legal malpractice cases are two cases in one. You must prove that your attorney exhibited negligence while handling your case.Chip Nix, Attorney at Law, represents clients who have been the victim of legal negligence and fraud in Alabama. Generally speaking, in the US, an opposing attorney does not owe you a duty that would give rise to a claim for legal malpractice. To sue your attorney for malpractice in Montgomery, you will need to gather evidence to support your claim. First of all, you can't sanction opposing counsel, only the Court can "sanction. " Next, you don't "have" the preponderance of evidence. In addition to the possibility of a malpractice suit, it is possible to file a complaint against the attorney with the Alabama State Bar. But there are exceptions. In order to recover economic damages against an Alabama attorney, a legal malpractice lawyer will need to prove that your old attorney caused a financial loss.