When you hire a lawyer, trust them, and if they protect your rights, then okay. But what happens if they violate your trust and their negligence or bad advice causes you to lose the case or your money?
OK, in that case, you can take legal actions against them, which is called ‘’legal malpractice’’ to recover these possible losses.
However, not all mistakes lead to a malpractice lawsuit against a lawyer. Some common mistakes that lead to professional legal malpractice claims include:
- Breach of duty,
- Breach of contract,
- errors of law,
- Judgment Errors,
- missed deadlines,
- lack of consent,
- fraud, etc.
However, it seems difficult to win a legal Medical malpractice case, but possible through proper planning strategies. Exactly here, we explore how to sue for legal malpractice, how to prove it, and the risks you may face.
What Is Legal Malpractice?
Normally, lawyers must show their skill, diligence, and expertise as members of the legal profession to satisfy their clients. They must follow all the Rules of Professional Conduct to do their job perfectly.
But if they fail to fulfill their ethical and professional duties and their serious negligence causes their clients harm and financial loss, they commit a liability malpractice.
However, not all mistakes, such as delayed communication, rude behaviour, and inadequate research considered malpractice cases.
Yet, if your attorney mishandles the case, misses deadlines that directly caused the damages, and breaches the attorney’s legal duty to you, you have legal rights to sue for legal malpractice.
Can You Sue Your Lawyer?
Yes, but you can only sue your lawyer if you have legal reasons behind it. If you just lose your case or have a bad experience, it doesn’t directly mean your attorney committed malpractice, as it is not guaranteed to win all the time.
Even their ethical violations, like rude behaviour, unresponsiveness, or disrespect, may also lead to bar discipline, not enough for a lawsuit.
So, to sue your lawyer, you must prove that your attorney breached their legal duties and caused you direct financial harm and damages.
Let’s take a common scenario of a legal malpractice case to your lawyer:
- The lawyer misrepresents the law and facts, and it violates the duty of care to their clients.
- They breached the attorney-client relationship, and it caused harm and damage.
- The lawyer ignores your case, misses a deadline, doesn’t obey court orders, or makes other errors.
- The attorney violates her duties and breaches of contract.
- The attorney had a conflict of interest, and they didn’t disclose it.
Elements of a Legal Malpractice Case
When you decide to sue for a legal malpractice case, you must prove some common cases that could be defined as legal malpractice:
Establish a lawyer-client relationship:
First of all, your lawyer owed you a legal duty of care to act perfectly in your case. They normally entered an Attorney-Client Relationship. Usually, it is a signed contract or agreement, or consistent legal guidance in writing.
These terms of agreement should establish the attorneys’ duties and commitment to you as their clients.
Breach of duty
Secondly, you must prove that the original attorney failed to meet the basic ethical and professional standard of care. If a lawyer fails to perform their duties equally, they may be considered negligent.
Some common negligence breaches include:
- Missing deadlines
- Failure to hire appropriate experts
- Failure to appoint appropriate experts
- Submission of wrong paperwork
- Giving incorrect legal advice
- Failing to disclose a conflict of interest
- Failure to communicate with the client
- Mishandling evidence
Causation
To prove legal malpractice, you must show causation. You must show that due to the attorney’s breach, your case was directly affected.
At this point, you must also prove how the attorney’s behaviour, malpractice, or negligence caused your financial or non-financial damages.
Financial Damages
Lastly, it seems hard to show that a lawyer’s actions directly lead to the client’s actual financial loss. Even if an attorney is right, you may still lose your lawsuit. Other times, an attorney can do wrong, but you may still win.
However, you must record all the damages and determine the actual financial loss. Some Damages may be unreasonable legal liability, emotional distress, financial loss, etc.
Collect evidence and witness testimonies:
Finally, you should gather some proof as a plaintiff for the legal negligence lawsuit. Examples of evidence: documents, witness testimonials, agreements, and digital media against your lawyer’s negligence.
How to Sue for Legal Malpractice — Step-by-Step
If your trusted attorney let you down and caused you financial damage, you should sue for malpractice in that case. Here are some crucial steps you can follow to sue your lawyer:
- Gather documentation and communication records
First, gather all the necessary information from your original lawyer and the relationship between you and your lawyer. These documents will prove a lawyer-client relationship. So, you should collect:
- Contracts and retainer agreements
- Court documents
- Missed deadlines or improper filings
- Billing records and payment receipts
- Any emails, texts, or digital media
- Consult a second attorney
You can hire another lawyer to complete your case and get the desired outcome, as the legal malpractice case is hard to continue and win.
So, you should choose one who specializes in suing attorneys. Then you must follow all the advice from your legal malpractice lawyer.
- Evaluate damages and potential recovery
Schedule and regularly consult with the lawyer you choose about your actual financial damages. Without probable loss, your claim won’t be acceptable. So, find out if you lost settlement money or any additional legal expenses.
File a complaint with the state bar (optional but strategic)
If your attorney violates ethical rules, misuses funds, or fails to communicate, you can report to the attorney’s state’s disciplinary board.
- Initiate the civil lawsuit
Because of the breach of contract, it is possible to file a civil lawsuit. You can get legal advice based on the nature of your fee agreement.
However, you can always file a civil claim to recover your retainer or other fees.
Proving Legal Malpractice in Court
It is not a small thing to raise a legal claim against an attorney. You should exhibit true evidence to show the lawyer’s negligence. You should prove that they actually fail to uphold the expected standard of care.
However, you can arrange the following evidence that could strengthen your case:
- Written communications (emails, letters, texts): It will show advice or misconduct
- Court records proving missed deadlines or dismissed filings
- Billing records or proof of financial loss
- Expert testimony explaining how a competent attorney would have handled the case
- Evidence of case merit
Then go for ‘’but for” causation. It means the client should prove that they could get a better result ‘’but for’’ the lawyer’s negligence.
Otherwise, the court rejected the client’s legal malpractice claims if they couldn’t prove that they would have received a better outcome but for their lawyer’s alleged errors.
Finally, Lawyers accused of misconduct often use some defenses to avoid liability:
- They contend there are no duty of care exists
- They met the appropriate standard of care,
- They claim there was no direct causation.
- You missed the deadline to file
Other defenses include patient negligence, assumption of risk, or statute of limitations. These defenses can reduce or dismiss claims and affect the case outcomes.
In such cases, you need a professional legal representation to overcome these defenses and manage the complexities of state-specific malpractice laws.
Statute of Limitations and Jurisdiction-Specific Rules
Now, at this moment, if you are the victim of legal malpractice and sue your lawyer, you should learn about statute limitations. It sets a deadline to file a legal malpractice lawsuit.
Depending on the state and type of lawsuit, the time range will be 2 to 3 years. It may be different for written vs oral contracts.
If the plaintiff misses the deadline and can’t file the lawsuit on time, the court dismisses the case as untimely.
However, some states have specific rules and regulation for malpractice lawsuit. Yet all that rules are not needed for other types of cases. Such as a state like Georgia, a plaintiff requires pre-suit affidavits from experts to sue a lawyer.
So, learn about your state’s specific rules for filing a valid and timely claim. According to your own state’s rules, you may still sue if:
- Fraud or concealment delayed your discovery
- You were under a legal disability.
Finding the Right Legal Malpractice Attorney
When lawyers fail to fulfill their legal responsibilities and cause damages to the client, the plaintiff may need a skilled legal malpractice attorney to handle this case against the lawyer.
It is crucial to choose a skilled one who specializes in legal malpractice lawsuits and has a proven track record to represent you in the case.
However, when talking with a lawyer during your initial discussion, it is essential to ask the following questions:
- Have you previously taken a case like mine to trial before a jury?
- How many jury trials have you led as the primary attorney?
- Can you share examples of verdicts you’ve secured and the types of cases they involved?
- How do you charge, contingency fee or hourly?
If you can hire the right lawyer, it ensures you get expert guidance and increases your chances of a fair outcome.
Alternatives to Suing
It seems difficult and may be expensive to win a lawyer malpractice claim. If the probable compensation is smaller than your actual loss, you should go for alternatives other than suing to deal with the lawyer.
There are several options :
- Bar complaints
When your lawyer violated the proper ethics, you can report the attorney to the ethics committee of the state bar association.
Every state bar association keeps track of any negligent lawyers in their state. It ensures all lawyers are in good standing to renew their legal licenses.
For any malpractice cases, the lawyers could be obligated to pay you any compensation.
- Fee dispute resolution programs
Most of the state likely has a fee-disputing committee. So, if you have a dispute with your lawyer about fees, this committee helps resolve any billing disagreements without court.
- Mediation or arbitration
Mediation or arbitration will be a private, faster, and often more cost-effective alternative to suing your lawyer.
Mediation involves an independent third party helping both sides reach a voluntary agreement. Arbitration is more formal, and an arbitrator makes the binding decisions.
Risks and Challenges in Suing for Legal Malpractice
When you file a legal malpractice lawsuit, it can be complex and comes with some challenges. You may carefully consider these:
- Emotional toll
When you reopen a stressful case and deal with your former lawyer, it can be emotionally and mentally tough.
- Financial risks
If your attorney charges hourly and doesn’t work on contingency, a legal malpractice lawsuit can be expensive. It will also be risky if there is no guarantee of winning.
- Counterclaims or retaliation
Some lawyers may respond with counterclaims or challenge your motives. It can add further pressure to the case.
Frequently Asked Questions (FAQs)
Can I sue if I lost my case due to bad advice?
Yes, if the lawyers’ bad advice causes your financial loss, you can sue for legal malpractice for compensation. Yet you should prove that the advice was not only wrong but also fell below the professional standard of care, and it directly caused you to lose the case or financial harm.
What if the lawyer didn’t return my calls?
If your lawyer didn’t return your call after you’ve tried, you can send him a certified letter stating that he is fired with the actual reason. Yet if the lack of communication caused harm to your case, you may have a valid malpractice claim.
Is it worth suing for small financial losses?
No, suing for small financial losses may not be worth it. Legal malpractice lawsuits are an expensive and time-consuming process.
If the loss is small, legal fees will exceed any potential recovery. Rather, you can consider some alternatives like mediation, bar complaints, or a fee dispute program
What is the most common legal malpractice claim?
The most common legal negligence claim is misapplication of the law and giving incorrect legal advice.
Conclusion
If your lawyer broke your trust, failed to perform their duties, and their negligence caused you financial damages, don’t wait.
Collect all the documents, and act quickly to protect your legal options because there are strict deadlines(statute of limitations).
And remember, suing an attorney for legal malpractice could be a waste of time and money if you don’t have all the proper facts and evidence and don’t prove the lawyer’s negligence and your damages.
So, you should discuss with a legal malpractice lawyer to make sure you have a strong enough case, then file a claim.
