The thing about running a startup is you have enough problems to solve you really don't want to create new ones.

It's the job of your attorney. It's possible all it takes is one strongly worded letter and they will settle.

May not be that simple. Attorneys understand the "send a threat letter and hopefully they will settle" model well. Also, their current attorney will probably charge just to send that letter.

> Also, their current attorney will probably charge just to send that letter.

Surely not $75,000 for a letter. A few hundred, yes.

Recouping even $5,000 (in a "f u, go away please" payment) would be a big win for a scrappy startup, no?

Their old law firm probably would prefer not to be drug around town making it known they gave very wrong, and very costly advice. They'd prefer the matter just went away. Those conditions are ripe for a quick settlement.

Giving advice that turned out to be wrong is a long way from proving legal malpractice.

Otherwise you could sue your lawyer every time you lost a case.