Understanding Legal Malpractice: Can You Sue Your Own Lawyer?


. By LAS Staff Writer

Legal malpractice occurs when an attorney fails to provide competent representation and that failure causes harm to the client.

Before we dive into the how-to, let's clear up what constitutes legal malpractice. It's not just about losing your case or being unhappy with the outcome. Legal malpractice occurs when an attorney fails to provide competent representation and that failure causes harm to the client.

Common examples of legal malpractice include:


Real-World Examples of Legal Malpractice


Let's look at some concrete scenarios to illustrate what legal malpractice might look like:

The Missed Statute of Limitations John was injured in a car accident and hired Attorney Smith to file a personal injury lawsuit. Smith miscalculated the filing deadline and submitted the lawsuit two days late. The court dismissed the case, and John lost his right to seek compensation.

The Settlement Blunder Sarah's divorce lawyer, Attorney Johnson, advised her to accept a settlement offer without thoroughly reviewing the couple's financial documents. Later, Sarah discovered her ex-husband had hidden significant assets, resulting in a much lower settlement than she was entitled to.

The Conflict of Interest Attorney Brown represented both parties in a business deal, despite a clear conflict of interest. The deal fell apart, and both clients suffered financial losses due to Brown's divided loyalties.

The Trust Account Mismanagement Attorney Davis used funds from his client trust account for personal expenses, violating ethical rules and potentially leaving clients without access to their settlement money.

The Communication Breakdown Attorney Wilson failed to inform his client about a favorable settlement offer in a timely manner. By the time the client learned of the offer, it had been withdrawn, resulting in a much less favorable outcome at trial.


Steps to File a Lawsuit Against Your Lawyer


If you believe you've been a victim of legal malpractice, here's how to proceed:

Gather Evidence Collect all documents related to your case, including contracts, correspondence, court filings, and billing statements. Document any financial losses or other harm you've suffered.

Consult Another Attorney Who Works In Legal Malpractice Seek a consultation with a lawyer who specializes in legal malpractice. "Attorneys cannot make critical choices without informing and speaking with their clients due to a focus on their [the attorney's] own self-interest. This is a common type of legal malpractice situation we deal with." shares Legal Malpractice Firm Thaddeus Legal

Consider Alternatives Before filing a lawsuit, consider other options like mediation or filing a complaint with the state bar association.
File a Complaint If you decide to proceed, your new attorney will file a complaint in court, detailing the allegations against your former lawyer.

Serve the Defendant Your former lawyer must be formally notified of the lawsuit through a process called "service of process."
Navigate the Discovery Process Both sides will exchange information and evidence related to the case.

Negotiate or Go to Trial Many legal malpractice cases settle out of court. If not, your case will proceed to trial.


Proving Legal Malpractice


To win a legal malpractice case, you typically need to prove four elements:


Challenges in Legal Malpractice Cases


Legal malpractice cases can be complex and challenging. Here's why:


When to Consider Legal Action


Not every mistake or disappointing outcome justifies a malpractice suit. Consider legal action if:


Protecting Yourself in the Future


While you can't prevent all potential issues with legal representation, you can take steps to protect yourself:


Seeking Justice and Accountability


Filing a lawsuit against your own lawyer is a serious step, but sometimes it's necessary to right a wrong and recover losses. If you believe you've been a victim of legal malpractice, don't suffer in silence. Reach out to a qualified legal malpractice attorney to discuss your options.

Remember, the legal profession is built on trust and competence. When lawyers fail to uphold these standards, they should be held accountable. By taking action, you're not just fighting for your own interests – you're helping to maintain the integrity of the legal system for everyone.

If you're considering a legal malpractice suit or just need guidance on a potential case, we're here to help. Our experienced team can evaluate your situation and guide you through the process of seeking justice. Don't let a lawyer's negligence cost you your rights or your financial well-being. Contact us today for a confidential consultation.


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If you or a loved one have suffered losses in a similar case, please click the link below and your complaint will be sent to a malpractice lawyer who may evaluate your claim at no cost or obligation.

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