When you hire an attorney, you place your trust in their experience, professionalism and ethical obligations to act in your best interests. Unfortunately, not all attorneys meet these standards.
If a lawyer’s negligence, misconduct or breach of duty directly causes you harm—whether financial, legal or personal—you may have grounds for a legal malpractice claim. Holding a lawyer accountable isn’t just about seeking justice for yourself; it can also help to more broadly protect the integrity of the legal profession and prevent similar harm to others.
Legal malpractice claims: The basics
Legal malpractice occurs when an attorney fails to perform according to the accepted standards of legal practice, and that failure results in damage to their client. Common examples include missing deadlines, failure to file critical documents, conflicts of interest, providing inaccurate legal advice, and failing to communicate important developments in a case.
Not every mistake rises to the level of malpractice. The key issue in a potential malpractice scenario is whether an attorney’s actions—or inaction—fell below a reasonable standard of care and directly caused their client to suffer a loss that they wouldn’t have otherwise experienced.
If it seems like you might have grounds for a malpractice claim, it is a good idea to speak with a legal team skilled in this area of law. To pursue a legal malpractice claim, you generally must prove four elements: an attorney-client relationship existed, that the attorney breached their duty of care, that the breach caused harm and that you suffered measurable damages. A successful claim will likely be able to clearly demonstrate that, but for the attorney’s negligence, the outcome of your case or transaction would have been different.
Holding a lawyer accountable through a malpractice claim is not about retaliation—it’s about responsibility. Attorneys have a duty to uphold the law and to protect their clients’ interests. When they fail to do so, aggrieved clients have the right to seek meaningful redress.
