Questions about suing a lawyer.

Yes. Lawyers can be sued for legal malpractice like any other professional. To win, you generally must show that the lawyer owed you a duty, that they fell below the standard of care a reasonably careful lawyer would meet, and that the mistake caused you a real, measurable loss.

Not by itself. Lawyers lose cases they handle well, and a judgment call that turned out badly is usually not malpractice. A claim generally needs a clear error, such as a missed deadline, a settlement you never approved, or a conflict of interest, that changed the outcome.

In most malpractice cases you must prove the case within a case: that you would have won, or done better, in the original matter if your lawyer had not made the mistake. That usually means presenting the original case again inside the malpractice lawsuit, often with an expert witness on what a careful lawyer would have done.

Every state sets its own deadline, called a statute of limitations, and some are as short as one year. When the clock starts, and whether it can be paused while the lawyer still represents you or until you discover the mistake, depends on state law. Check the general rule for your state on our statute of limitations page, and talk to a lawyer soon if you may be close.

Usually the money you lost because of the mistake, such as what you would have recovered in the original case, or what you had to pay that you would not have paid otherwise. Some states also allow recovery of fees paid for the mishandled work. Many states limit damages to what you could actually have collected from the other side.

Many lawyers who represent clients in malpractice claims work on contingency, meaning no upfront fee and payment only as a share of any recovery. Terms vary by firm and by case, and each attorney explains their own fee before you sign anything.

If the problem is how much you were charged rather than a mistake that cost you a case, fee arbitration through your state or local bar is often faster and cheaper than a lawsuit. Many states offer it at little or no cost.

A bar complaint and a malpractice lawsuit do different things. A bar complaint can lead to discipline against the lawyer, but it usually does not get you money back. A lawsuit seeks compensation. You can often do both, and filing a bar complaint does not stop the clock on a lawsuit.

Most states run a client protection fund that can reimburse clients when a lawyer steals or misuses their money. It is separate from a malpractice claim, and you may be able to pursue both.

Generally yes. In most states your client file belongs to you, and your former lawyer must give it to you on request, though rules on copies and costs vary. The file is often the most important evidence in a malpractice case.

No. We are an attorney advertising and case connection service. We are not a law firm or a lawyer referral service, we do not give legal advice, and we do not evaluate the merits of any claim or recommend any lawyer.

You answer a few questions about what your lawyer did and what it cost you, and you see your state's general deadline. Your answers go to an independent attorney or law firm that handles legal malpractice claims in your state. If your situation fits what they take on, they contact you directly.

Participating attorneys and law firms pay us a flat advertising fee. They never pay a percentage of their fees or of any recovery. The case review is free for you, and you are never obligated to hire anyone.

Not from us. Your information goes to participating attorneys and their agents as described in our privacy policy. Whether and when to contact your former lawyer is something to decide with a new attorney.