What should not be pending when initiating a malpractice action?

When initiating a malpractice action, it is essential that the underlying matter is no longer pending. This is because a legal malpractice claim typically arises when an attorney fails to provide competent representation in a matter that the client had originally brought before them. If the underlying matter is still pending, it could complicate the malpractice claim because the outcome of that matter might influence whether the attorney's actions can truly be deemed negligent or harmful.

If the underlying case is ongoing, then the attorney's alleged malpractice may not have fully manifested, meaning the client might not have suffered actual damages that a malpractice claim would require. This condition highlights the necessity of resolving or concluding any legal issues before pursuing a malpractice action, as the resolution of those matters can frame the context of any claims of negligence against the attorney.

In contrast, factors like a client satisfaction survey, previous cases of the lawyer, or the law firm’s reputation, while they may provide insight into the attorney's practice or past performance, are not determining factors at the initiation of a malpractice lawsuit. They do not have the same direct relation to the procedural and substantive requirements of bringing a malpractice claim.