This case from Washington state, Schmidt v. Coogan, illustrates two common situations in legal malpractice.  The first is on the lawyer’s side.  Client slips and falls on spilled shampoo in a store.  She goes to the attorney, who happily takes the case.  He tells the client that it’s a good case, and he will give it his all.  Client checks in and tries to make sure that everything is going well. 

On the last day of the statute of limitations she finds out that the attorney has not filed, and isn’t even in the office.  Someone else hastily drafts a complaint and files it.  Problems?  Wrong defendant, wrong facts.  Motion to amend is denied.  Case dismissed.

The second situation is proving that the client would have succeeded when the legal malpractice case is brought.  Here, attorney defendants won’t settle, case goes to trial.  Verdict for plaintiff, Motion for a directed verdict denied.  New trial on damages, as jury was "inflamed."

After all this, the intermediate appellate court reverses and directs verdict for attorney on theory that plaintiff could not prove notice of defective condition to the store.  Now, on the same facts,  Supreme Court of Washington reverses again, and enters judgment for plaintiff.