To investigate a professional malpractice claim, your lawyer has to hire another of the same kind of professional to get an opinion about the treatment or service you received. For example, if you feel your doctor got your diagnosis wrong, your lawyer must ask a doctor of the same type to review the hospital and medical records to see whether or not your doctor made a mistake. The same is true of a claim against a lawyer or other professional.
The person giving the opinion is entitled to be paid, and must be paid, for his or her work in reviewing the records, considering the case, and then writing a formal report about the case. Sometimes, the opinion is that the professional did nothing wrong. In such a case, there would be no lawsuit, as there is no evidence that your professional made a mistake. Your lawyer asks you for advance money to pay for the investigation, so that the person giving the opinion is paid whether or not a lawsuit results.
What if I cannot pay for such an investigation?
First, you should check to see whether yours is one of the rare cases in which the mistake is obvious (e.g. your former lawyer failed to sue in time). There will still be issues that arise in your case, but the first issue is fairly well resolved.
If your case is not one of those, and you cannot pay for the investigation, there are still ways to make your voice heard. Please see our useful links page for links to public areas of various websites which allow you to contact the governing body for various professions.
