Identifying and Addressing Legal Malpractice Claims

Think your lawyer screwed up?

If you’re here, then you might be wondering where your attorney went wrong on your case. Did they miss a key filing deadline? Give you terrible advice? Ghost you at a critical juncture?

THE PROBLEM

Most people don’t know when they have a valid legal malpractice claim. They assume that if their case went poorly, their lawyer must have messed up. But legal malpractice is a lot more specific than that.

THE TRUTH

Do you want to know the truth? Legal malpractice cases are hard to prove and require a lot of documentation.

In fact, legal malpractice cases require very specific elements to win. That’s why it’s important to find the best legal providers when it comes to malpractice claims. So that you’re happy with the outcome of your case as well as the decisions that were made by your lawyer throughout the process. 

WHAT YOU’LL LEARN

• What is Legal Malpractice?
• The 4 Elements of Legal Malpractice
• Red Flags That Indicate Legal Malpractice
• How to Document Everything Properly
• When to Seek Expert Assistance

WHAT IS LEGAL MALPRACTICE?

Legal malpractice is when an attorney fails to provide competent representation and their failure causes harm to their client.

But here’s the kicker…

Not every mistake by a lawyer is malpractice. Lawyers are not expected to be perfect. But they are expected to exercise the “standard of care” that a reasonably competent lawyer would provide under similar circumstances.

In fact, recent data shows that 70% of major insurers paid out claims for more than $50 million in 2024. These were not minor errors, these were significant failures resulting in real, measurable financial damages for their clients.

The most common legal malpractice causes include:

• Missing deadlines, like filing too late
• Conflicts of interest, like representing both sides
• Inadequate investigation or research
• Poor communication and client disengagement

Yeah, that’s not good…

THE 4 ELEMENTS OF LEGAL MALPRACTICE

Winning a malpractice case isn’t easy. You need to prove four specific elements. Miss even one and your case falls apart.

HERE’S WHAT YOU NEED:

1. Attorney-Client Relationship

Pretty straightforward. You need to show that the lawyer actually represented you.

A signed retainer agreement or payment of legal fees will usually establish this.

2. Breach of Duty

This is where it gets tricky. You must prove that your attorney did not meet the standard of care in representing you.

What would a competent, experienced lawyer have done in the same situation?

Expert witnesses will be critical to prove your lawyer acted unprofessionally.

3. Causation

The hardest element to prove. You need to show that your lawyer’s mistake directly caused your financial losses.

It’s not enough that your lawyer made errors, you must show that they changed the outcome of your case.

In effect, you have to “try” the original case to show what the outcome should have been.

This is called the “case within a case” requirement.

4. Damages

Last but not least, you need to have actual financial losses. This means measurable, quantifiable harm. Not just hurt feelings.

Damages can include:

• Lost settlement funds
• Adverse judgments
• Extra legal fees
• Lost business

Remember, even if your lawyer screwed up, if you can’t show financial damages, you probably don’t have a legal malpractice claim.

RED FLAGS THAT INDICATE LEGAL MALPRACTICE

How do you know when your attorney has crossed the line from “mistake” to “malpractice”?

WATCH OUT FOR THESE WARNING SIGNS:

Communication Breakdowns

One of the first indications that your lawyer isn’t performing is poor communication.

RED FLAGS INCLUDE:

• Not returning calls for weeks
• Missing court appearances
• Failing to inform you of settlement offers

Missed Deadlines

Lawyers are sticklers for deadlines. Missing critical dates can make or break your case:

• Statute of limitations
• Discovery cutoffs
• Appeal periods

According to current industry reports, estate planning cases rose by 1.6% largely because attorneys overlooked critical deadlines in trusts, wills, and probate actions.

Conflicts of Interest

Your lawyer should be fighting tooth and nail for YOUR interests. Red flags include:

• Representing both sides of a dispute
• Financial conflicts of interest
• Not disclosing relationships

Substance Abuse or Personal Issues

Personal problems can’t get in the way of your representation.

ALARM BELLS:

• Showing up in court intoxicated
• Erratic, inconsistent behavior
• Extended unexplained absences

Don’t just shake your head and move on. Document every instance.

HOW TO DOCUMENT EVERYTHING PROPERLY

Documentation is one of those things attorneys LOVE to gripe about but is actually worth millions on a malpractice case.

HERE’S WHAT YOU SHOULD SAVE:

Keep All Communication

• Emails and texts
• Phone call notes (write them down immediately)
• Letters and formal documents
• Meeting minutes and notes with dates/times

Save All Case Materials

• Court filings, deadlines, and records
• Discovery documents
• Settlement communications
• Expert witness reports and depositions

Track Financial Harm

• Legal fees paid
• Expenses incurred
• Settlement losses
• Lost business or income

The more detailed your records, the better your chances of proving a malpractice case down the road.

WHEN TO SEEK EXPERT ASSISTANCE

Here’s something people do wrong more times than not…

Waiting too long to get a second opinion. By the time a person realizes something went awry, critical evidence can be lost or statute of limitations deadlines missed.

GET HELP IMMEDIATELY if:

• Your lawyer stops responding for weeks at a time
• You discover possible conflicts of interest
• Important filing deadlines are missed
• Your case suddenly takes a turn without explanation
• You suspect your lawyer is intoxicated

CHOOSING THE RIGHT MALPRACTICE ATTORNEY

Not every attorney handles legal malpractice cases. You need someone who:

• Specializes in legal malpractice
• Understands your type of underlying case
• Can retain qualified expert witnesses
• Grasps the “case within a case” proof requirements

Don’t just hire your cousin’s family law attorney to litigate a complex legal malpractice claim.

UNDERSTANDING MALPRACTICE INSURANCE

Most lawyers have malpractice insurance, but policies have limits. If your damages exceed policy limits, you may not recover your full losses.

Which is why documentation is so important. Insurance companies fight these claims tooth and nail and you will need rock solid proof to win.

THE REALITY ABOUT MALPRACTICE CLAIMS

Here’s something I want to be brutally honest about…

Malpractice cases are hard. They are costly. They take time. You are ultimately gambling that you can prove you would have won your original case.

But when lawyers truly fail their clients, it can cost their clients millions. Professional negligence in sophisticated matters can result in devastating financial damages.

The difference you need to know is between:

• Bad outcomes (not malpractice)
• Strategic decisions you disagree with (not malpractice)
• Clear violations of professional standards (likely malpractice)

WRAPPING IT UP

Legal malpractice claims involve four specific elements: Attorney-Client relationship, Breach of duty, Causation, and Damages. Watch out for red flags like no communication, missed deadlines, and conflicts of interest.

Document everything. Don’t let anything go. And get expert assistance immediately if you suspect legal malpractice. Remember, not every bad result is malpractice, but when lawyers truly fail their clients, consequences can be dire.

The most important takeaway? Don’t wait. If you think your attorney committed malpractice, get a second opinion from a qualified legal malpractice attorney as soon as possible. Your window for recovery might be closing as we speak.