Hiring a personal injury attorney means placing your trust in a licensed professional to protect your interests. But what happens when that trust is broken? If your attorney mishandled your case, gave poor advice, or failed to act, you may be entitled to hold them accountable.
Clients have legal rights when an attorney’s conduct falls below the standard of care. In certain cases, you may even have grounds to sue your lawyer for legal malpractice.
Here’s what you need to know if your attorney screwed up your case.
Can I Sue My Lawyer for Mishandling My Case?
Yes, but only under specific conditions. You can sue your attorney if their actions amount to legal malpractice. Legal malpractice is more than just a poor outcome or bad strategy—it occurs when your lawyer breaches their duty of care, and that breach directly causes you harm.
To sue for legal malpractice, you generally must prove:
- The lawyer owed you a duty of care (i.e., there was an attorney-client relationship)
- They breached that duty by acting negligently, incompetently, or dishonestly
- You suffered actual financial harm
- Their conduct caused you harm (e.g., you lost a case you otherwise would have won)
It is not enough to say your lawyer made a mistake or that you were unhappy with the outcome. You must prove that their professional failure directly cost you money, rights, or opportunities.
What Are Examples of Legal Malpractice?
Some common forms of attorney misconduct or negligence include:
- Missing deadlines: Failing to file a claim within the statute of limitations
- Lack of communication: Ignoring client calls or failing to update clients on their case
- Incompetence: Not understanding the relevant law or preparing properly for trial
- Conflict of interest: Representing clients with conflicting interests without disclosure
- Dishonesty: Misrepresenting case outcomes or settlement terms
- Improper settlement: Accepting or encouraging a settlement without the client’s consent
- Fraud or theft: Misusing client funds or falsifying information
Each of these actions could potentially support a malpractice claim, depending on the damage caused.
Can I Sue My Attorney After a Settlement?
Yes, but it depends on the circumstances. If you agreed to a settlement under false pretenses or without informed consent, you might have a claim.
Examples of misconduct after or during settlement include:
- Your lawyer settled your case without your approval
- You were misled about the value of your case or the terms of the agreement
- Your lawyer failed to advise you of important rights before you agreed to settle
- There was a failure to distribute settlement funds properly
Keep in mind that if you signed a release as part of the settlement, it may limit your ability to sue—unless you can prove fraud, coercion, or ethical violations.
What Can I Do if My Lawyer Lied to Me?
If your attorney intentionally lied to you, that could be grounds for both malpractice and an ethics complaint.
Examples include:
- Lying about filing documents
- Misstating court deadlines or orders
- Falsely claiming a case was still active
- Misrepresenting case progress
In these situations, you can:
- Request your complete case file
- Speak with another attorney to assess the damage
- File a complaint with your state bar association
- Consider filing a malpractice lawsuit if damages are provable
Taking swift action can help you protect your rights, hold the attorney accountable, and seek the justice you deserve.
What if My Attorney Just Ignored Me?
Poor communication is one of the most common complaints about lawyers. While it may not always amount to malpractice, ignoring a client can have serious consequences.
You may have a valid claim if:
- Your lawyer’s silence caused you to miss deadlines
- They failed to notify you of a hearing, judgment, or settlement offer
- They failed to perform necessary actions in your case
Always document attempts to contact your lawyer and the timeline of their response. If harm resulted, consult another attorney.
How Do I Prove My Lawyer Committed Malpractice?
Legal malpractice is difficult to prove because it often requires showing that you would have won or received a better outcome if the attorney had performed competently.
You usually need:
- A copy of your full case file
- Expert testimony from another attorney
- Evidence of negligence or ethical violations
- Documentation of your financial loss
In some states, you must first file a certification of merit—an affidavit from another attorney stating that your claim has legal merit.
Are Misrepresentations Grounds for Suing a Lawyer?
Yes. Misrepresentation may involve false statements, omissions, or concealment of material facts.
If your lawyer misrepresented:
- The law or applicable procedures
- Your chances of success
- Their own qualifications
- The status of your case
…and you relied on those misrepresentations to your detriment, you may be entitled to damages.
Intentional misrepresentation may also trigger disciplinary action or disbarment proceedings.
What Are the Deadlines for Suing a Lawyer?
The statute of limitations for legal malpractice varies by state, but it is typically between one and four years. In some states, the clock starts when the malpractice occurs, while in others, it starts when the client discovers the harm.
It’s important to speak with a legal malpractice attorney as soon as you suspect wrongdoing. Delay can permanently bar your claim.
What Kind of Compensation Can I Recover?
If successful, a legal malpractice claim may allow you to recover:
- The value of the case or claim you lost
- Fees paid to the negligent attorney
- Additional costs incurred because of the attorney’s actions
- Emotional distress in some cases (limited)
You cannot recover punitive damages unless the conduct was especially egregious or involved fraud.
Contact Parker & McConkie Personal Injury Lawyers for a Free Consultation
Has your attorney mishandled your case or caused you harm through misconduct? You may have legal options.
The attorneys at Parker & McConkie Personal Injury Lawyers understand how devastating legal malpractice can be. We can help you evaluate your claim and pursue justice when your trust has been violated. Contact us at (801) 851-1202 to schedule a free consultation and learn more about your rights.
