When Can You Sue Your Attorney?

Attorneys are expected to uphold ethical and professional standards while representing their clients. However, if your lawyer has acted negligently, unethically, or breached their duty, you may have grounds for a legal malpractice lawsuit. Understanding when you can sue your attorney is crucial to protecting your rights and seeking appropriate remedies. This guide outlines the common reasons for suing an attorney, how to determine if you have a case, and what steps to take.

Grounds for Suing an Attorney

You may have legal grounds to sue your lawyer if they engaged in negligence, misconduct, or breached their fiduciary duty. The most common reasons include:

1. Legal Malpractice

Legal malpractice occurs when an attorney fails to provide competent and professional representation, resulting in harm to the client’s case. Common examples include:

• Missed Deadlines – Failing to file important documents within statutory deadlines, leading to case dismissal.
• Errors in Filing or Legal Strategy – Drafting incorrect documents, misinterpreting laws, or providing poor legal advice.
• Failure to Appear in Court – Missing hearings, depositions, or trials, causing case delays or negative outcomes.

To succeed in a legal malpractice claim, you must prove that your attorney’s negligence directly harmed your case.

2. Breach of Fiduciary Duty

Attorneys have a fiduciary duty to act in their clients’ best interests. If they prioritize their personal, financial, or professional interests over yours, it may constitute a breach of fiduciary duty. Examples include:

• Undisclosed Conflicts of Interest – Representing another party with interests against yours without disclosure.
• Acting in Bad Faith – Making legal decisions that benefit them financially rather than advancing your case.
• Failure to Communicate – Withholding critical information that impacts your case strategy.

3. Misappropriation of Funds

Attorneys must keep client funds in a separate trust account and use them only for legal expenses. You may have a claim if your lawyer:

• Stole or Misused Settlement Money – Failing to pay your portion of a settlement or legal award.
• Improperly Withdrew Funds – Taking legal fees without authorization or excessive overbilling.
• Refuses to Provide a Financial Accounting – Avoiding transparency about trust account transactions.

If you suspect misappropriation of funds, you should act immediately to recover your money and report the misconduct.

4. Fraud or Deception

If an attorney deliberately lies, falsifies documents, or engages in dishonest practices, they may be liable for fraud. Examples include:

• Altering Legal Documents – Changing settlement terms without client approval.
• Providing False Promises – Making guarantees about case outcomes that were never achievable.
• Forging Client Signatures – Signing legal documents without consent.

Fraud claims may entitle clients to punitive damages, in addition to financial recovery for legal malpractice.

5. Ineffective Assistance of Counsel in Criminal Cases

In criminal defense cases, ineffective legal representation can impact the outcome of a trial. If your defense attorney:

• Failed to Investigate the Case Properly
• Did Not Present Key Evidence or Witnesses
• Encouraged an Unfavorable Plea Deal Without Exploring Other Options

You may have grounds for an ineffective assistance of counsel claim, which could result in a retrial or an appeal.

How to Prove Legal Malpractice

To successfully sue your attorney, you must establish the following elements:

1. Attorney-Client Relationship – You must show that your attorney had a legal duty to represent you.
2. Breach of Duty – The attorney acted negligently, unethically, or in violation of professional standards.
3. Causation – The attorney’s actions directly caused harm to your case.
4. Damages – You suffered financial, legal, or personal harm as a result of their misconduct.

Steps to Take if You Want to Sue Your Attorney

Step 1: Gather Evidence

Collect all emails, contracts, court filings, and billing statements that document your attorney’s actions and errors.

Step 2: Seek a Second Legal Opinion

Before pursuing a lawsuit, consult another attorney to review your case and determine if malpractice occurred.

Step 3: File a Complaint with the State Bar Association

If your attorney’s misconduct is serious, you can report them to the state bar association, which may investigate and impose disciplinary actions such as suspension or disbarment.

Step 4: Pursue a Legal Malpractice Lawsuit

If you suffered financial losses or legal setbacks, a legal malpractice lawsuit can help recover damages. A new attorney can guide you through the process of holding your former lawyer accountable.

You May Have Grounds if… :

If your attorney has acted negligently, misused your funds, or failed to act in your best interests, you may have grounds for a lawsuit. By understanding your rights, gathering evidence, and consulting a new attorney, you can take action to protect yourself and seek appropriate legal remedies.

We Can Help

If you believe your attorney has engaged in misconduct, contact our legal malpractice attorneys today for a confidential consultation. We will review your case, explain your options, and help you take action to protect your rights.