Recognizing the Signs of Attorney Malpractice

What Is Attorney Malpractice?

Attorney malpractice occurs when a lawyer's negligent act or omission falls below the professional standard of care and causes harm to a client. It is more than simply losing a case — it is a breach of the duty your attorney owes you.

Common Warning Signs

• Missed deadlines: Statutes of limitations are unforgiving. If your attorney missed a critical filing date, your case may have been compromised.
• Lack of communication: Repeatedly ignored calls and emails, especially about important decisions, can signal a breakdown in representation.
• Conflict of interest: If your attorney has ties to the opposing party or a financial stake in the outcome, this is a serious ethical violation.
• Settlement without consent: Your attorney must obtain your informed consent before accepting any settlement offer.
• Inadequate preparation: Showing up to court unprepared or failing to investigate the facts of your case.

What You Can Do

1. Document everything. Keep records of emails, letters, court filings, and dates of conversations.
2. Request your case file. You have a right to your complete file.
3. Seek a second opinion. Another attorney can review whether malpractice occurred.
4. File a complaint. Each state bar association has a grievance process.

You are not alone. Many victims of attorney malpractice go on to find justice through persistence and the right support system.

Final Thought

Recognizing the signs is the first step toward reclaiming your power. Trust your instincts — if something feels wrong, it is worth investigating.