You may be asking yourself, “Is it possible to sue my lawyer?” If so, you’re not the first person to ask this question. The short answer to this question is yes, it may be possible to sue a lawyer who is not doing an adequate job, just as you may be able to sue any professional for malpractice.
Naturally, you will likely need a different lawyer to represent you in a legal malpractice lawsuit against the liable attorney, as these cases present unique challenges.
What Can I Do if My Attorney Doesn’t Respond to Me?
Even if your attorney is not responding quickly enough to you, it might not rise to the level of legal malpractice. If you suspect that your lawyer is not just ignoring you but also ignoring your case, consider dropping your lawyer and finding another one. If you take that approach with a personal injury lawyer, it’s possible that you can move forward with your case with an attorney who gives your case the attention it needs. In more extreme cases, however, your lawyer’s ignoring you will amount to legal malpractice.
Pursuing a Lawsuit for Legal Malpractice
To sue your lawyer for misconduct, you need to identify the misconduct. In almost all cases, a legal malpractice claim is a negligence claim (although sometimes the misconduct is intentional—embezzlement, for example).
Legal malpractice requires you to prove the following elements: duty, breach, causation, and damages. If you can prove each one of these elements by a preponderance of the evidence (more than 50% likelihood), you can win your claim.
Below is an explanation of the four elements of a legal malpractice claim.
Duty of Care
A lawyer’s duty of care arises once you establish an attorney-client relationship. Since lawyers are professionals, their duty of care is high. Courts expect lawyers to understand much more about the law than the average person and to provide competent representation. This duty varies according to circumstance, and you might need an expert witness to determine the exact details.
Breach of Duty
Breach of duty can occur when a lawyer:
- Does something they shouldn’t do (violates attorney-client privilege by revealing your confidential communication, for example), or
- Doesn’t do something they should do (file a complaint by the statute of limitations deadline, for example).
Either way, duty plus breach of duty furthers your case for legal malpractice.
Causation
Causation requires you to prove that your lawyer caused the harm you suffered. You must also prove that the harm you suffered was a foreseeable consequence of your lawyer’s conduct.
If your attorney violates the attorney-client privilege, for example, that could hurt you even if the information can’t be used in court. The defense might respond by investigating more aggressively. If they find independent evidence, they can use it against you.
Damages
You must prove that you suffered damages. Unfortunately, this means you have to win two cases in one. You can only win your legal malpractice case by proving that you would have won your original case if your first lawyer had handled your case competently.
Can I Sue My Lawyer Even After Recovering Compensation?
Yes, it is possible to sue your attorney even after a settlement. You might have grounds for a legal malpractice lawsuit, for example, if your lawyer intentionally withheld critical information to get you to agree to settle for less than you would have settled for. A lawyer might do this to dispose of your case so that they can move on to more lucrative cases.
Reporting Your Attorney to the State Bar Association
You can report the attorney to the state bar association. You can also seek to have an attorney disciplined who commits acts of misconduct, whether or not their actions harmed the client. In a serious case, an attorney could be disbarred or have their license to practice law suspended. Taking these actions can help prevent the lawyer from harming anyone else.
Time Limits for Legal Malpractice Claims
Legal malpractice claims are subject to strict filing deadlines that vary by state. If you believe your attorney’s negligence harmed your case, it is important to speak with another lawyer as soon as possible. Waiting too long could prevent you from pursuing compensation.
Get Legal Assistance if an Attorney Screwed Up Your Case
If you believe an attorney’s negligence or misconduct harmed your case, it is important to understand your rights and legal options. Because legal malpractice claims are subject to filing deadlines and can be complex, you should take action as soon as possible to protect your interests.
Visit Our Personal Injury Law Office in Columbus, OH
Mani Ellis & Layne Accident & Injury Lawyers
20 E Broad St, Suite 1000
Columbus, OH 43215
(614) 587-8423
GeoCoordinates: 39.963490, -82.997600.
Business hours: 24/7
