My Lawyer Lied to Me: Can I Sue?

Clients use the word "lied" for many different things. Sorting yours into the right bucket tells you which remedy fits.

• Status lies: "I filed it," "the hearing went fine," or "we're just waiting on the court," when nothing was filed or the case was dismissed.
• Hidden offers: not telling you about a settlement offer or plea deal.
• Money lies: misstating what was billed, what a settlement was, or where your money is.
• Cover-ups: hiding a missed deadline or other mistake.
• Broken predictions: "You'll definitely win" or "this will settle for six figures."

The last category is usually not a lie in the legal sense. A prediction that turns out wrong is an opinion, and lawyers are allowed to be wrong about outcomes. The first four are different: they are statements of fact that the lawyer knew were false, or facts the lawyer had a duty to share and kept from you.

The ethics rules are clear about the duty to tell the truth. ABA Model Rule 8.4(c) makes it professional misconduct for a lawyer to engage in conduct involving fraud, deceit or misrepresentation, whether or not it happens in a client matter. Model Rule 1.4 separately requires a lawyer to keep a client "reasonably informed about the status of a matter," and the official comment says a lawyer may not withhold information to serve the lawyer's own interest or convenience.

Hiding an offer is one of the most damaging things a lawyer can do, because the decision to settle belongs to the client, not the lawyer.

D.C. Rule of Professional Conduct 1.4(c) requires a lawyer who receives a settlement offer in a civil case or a plea offer in a criminal case to "inform the client promptly of the substance of the communication." Other states reach the same result through their versions of Rule 1.4.

In criminal cases, the duty is also constitutional. In Missouri v. Frye (2012), the U.S. Supreme Court held that, as a general rule, defense counsel has a duty to communicate formal plea offers from the prosecution that may be favorable to the accused. A lawyer who sits on a plea offer until it expires can be found constitutionally ineffective.

A real example of how this plays out in a malpractice case: in Peeler v. Hughes & Luce (Tex. 1995), a client alleged her lawyer never told her that federal prosecutors had offered her immunity from prosecution, and she learned about it from a journalist days after pleading guilty. The Texas Supreme Court still upheld judgment against her on the malpractice claim, because she had not been exonerated of the crime. That exoneration rule is explained in ineffective assistance vs. legal malpractice.

Depending on your state and the facts, a lie by your lawyer can support one or more of these claims. A lawyer handling your case will often plead several together.

New York's treble damages statute

New York has an unusual statute aimed at lawyer deceit. Under New York Judiciary Law section 487, a lawyer who is guilty of deceit or collusion with intent to deceive the court or any party forfeits treble damages to the injured party, recoverable in a civil action. In Amalfitano v. Rosenberg (2009), New York's highest court held that the statute focuses on the lawyer's intent to deceive, so even an unsuccessful attempt to deceive can support liability. It is a New York statute, so if your case is elsewhere, ask a lawyer what your own state offers.

Why intent changes the damages picture

In many states, a client suing for ordinary malpractice recovers economic losses only. Intentional misconduct can change that. The lead opinion of the Washington Supreme Court in Schmidt v. Coogan (2014) held that emotional distress damages are available when distress is foreseeable because of an attorney's "particularly egregious (or intentional) conduct" or the personal nature of the case. See can you sue a lawyer for emotional distress for how states differ.

This is where many "my lawyer lied" cases fall apart. Courts compensate losses, not lies. You generally need to show a causal link between the lie and a specific harm.

• If your lawyer hid a missed deadline, the loss is the value of the case you lost, proven through the case within a case.
• If your lawyer hid a settlement offer, the loss is roughly the difference between that offer and what you ended up with, assuming you would have accepted it.
• If your lawyer lied about money, the loss is the money itself. Missing funds may also be recoverable through your state's client protection fund.

When the lie is about money

Lies about money deserve special urgency. Client funds, such as settlement proceeds or an advance fee, are supposed to sit in a trust account until they are earned or paid out. If a lawyer tells you a settlement check has not arrived when it has, or cannot explain where your money went, treat it as a possible theft rather than a paperwork delay. Ask for a written accounting and the settlement statement, and read stolen client funds for how clients recover. The paper trail (bank records, the settlement agreement, the check) usually tells the story faster than any conversation will.

A lawyer's lie supports a lawsuit only when you can connect it to a specific, measurable loss; a lie that changed nothing is usually a matter for the state bar, not a court.

Lying often happens precisely to hide a mistake, and the law recognizes that a client cannot sue over what they do not know about. Many states have rules that pause (toll) or delay the limitations period when a lawyer conceals the problem, and many start the clock only on discovery under the discovery rule.

California's lawyer statute shows how this works in practice. California Code of Civil Procedure section 340.6 sets a one-year and four-year limit for claims against lawyers "other than for actual fraud," and it tolls the four-year limit while the attorney willfully conceals the facts constituting the wrongful act. A claim for actual fraud falls outside section 340.6, which means a different limitations period can apply to it.

Do not count on concealment rules to save a late claim. The clock usually starts once you know or should know something is wrong. Check the statute of limitations by state as soon as you catch the lie.

Lying is the kind of conduct bar regulators take seriously. California's Business and Professions Code section 6106 says the commission of any act involving moral turpitude or corruption, in or out of law practice, is cause for disbarment or suspension. Other states reach similar conduct through their versions of Rule 8.4(c).

A bar grievance is free and does not require a lawyer. It can lead to discipline, but it generally will not get you compensated. Keep in mind that filing a grievance does not pause your deadline to sue, so do not wait for the bar to finish before talking to a malpractice lawyer. The two tracks can run side by side; see how to file a bar complaint against a lawyer.

1. Write down the lie: exactly what was said, when, how (email, call, text), and what you did because of it.
2. Save every message. Screenshots of texts, forwarded emails, voicemails.
3. Check the docket and any documents you can get, such as settlement paperwork and trust account statements.
4. Request your file in writing. See how to get your case file.
5. Do not confront the lawyer and then sign anything. Ethics rules modeled on ABA Model Rule 1.8(h) bar a lawyer from settling a potential malpractice claim with an unrepresented client unless the client is advised in writing to get independent counsel.

If your lawyer's lie cost you a case, a settlement, or money, a free case review takes about two minutes and can connect you with an independent attorney in your state who handles legal malpractice claims.