Legal Malpractice (Suing Your Lawyer)

A claim that a lawyer's negligence or breach of duty cost the client money, which usually requires proving the client would have done better in the original matter.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Legal Malpractice law firms.

What it means

Legal malpractice is a negligence claim against a lawyer. The client must show that a lawyer-client relationship existed, that the lawyer failed to use the skill and care a reasonably competent lawyer would use, and that the failure caused a real loss. Common examples are missing a filing deadline, failing to file a claim at all, conflicts of interest, giving advice no competent lawyer would give, and mishandling client money. A lawyer can also be liable for breach of fiduciary duty, for example by putting their own interests ahead of the client's.

Causation is the hard part. The client usually has to prove the case within a case: that without the lawyer's error they would have won or obtained a better result in the original matter, and by how much. In many states a former criminal defendant suing their defense lawyer must also show they were exonerated or actually innocent, not just that the lawyer erred (for example, Wiley v. County of San Diego, 19 Cal. 4th 532 (1998)). A bad outcome alone is not malpractice: a reasonable strategic judgment that did not work is generally not actionable.

Other remedies are separate from a malpractice suit. A complaint to the state disciplinary authority can lead to discipline of the lawyer but does not compensate the client. Many state bars run fee arbitration programs for fee disputes, and client protection funds that can reimburse money a lawyer stole. Under the ABA Model Rules, a lawyer may not make an agreement prospectively limiting their malpractice liability unless the client is independently represented in making it (Model Rule 1.8(h)(1)), and on termination a lawyer must take reasonable steps to protect the client's interests, including surrendering papers and property the client is entitled to (Model Rule 1.16(d)).

Where this comes from

When people hire a lawyer for this

Ask for your complete file in writing, and keep every letter, email, bill and court paper. Talk to a lawyer who handles legal malpractice claims promptly, because the limitation period is often short and may start when you knew or should have known of the error, and some states pause it only while the same lawyer keeps representing you on the matter. If the original deadline may still be open, a new lawyer may be able to fix the problem before it becomes a loss.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find Legal Malpractice law firms in your state

Choose your state to see Legal Malpractice law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Consumer Rights” has no Legal Malpractice listing yet and opens the broader page.

• Alabama (Birmingham)
  +1 other city

  • Montgomery
• Alaska (Anchorage)
• Arizona (Chandler)
  +6 other cities

  • Gilbert
  • Glendale
  • Mesa
  • Phoenix
  • Scottsdale
  • Tucson
• Arkansas (Little Rock, Consumer Rights)
• California (Chula Vista)
  +19 other cities

  • Anaheim
  • Bakersfield
  • Fontana
  • Irvine
  • Long Beach
  • Los Angeles
  • Oakland
  • Oxnard
  • Riverside
  • Sacramento
  • San Bernardino
  • San Diego
  • and 7 more with fewer listed firms
• Colorado (Aurora)
  +2 other cities

  • Colorado Springs
  • Denver
• Connecticut (Bridgeport)
• Delaware (Wilmington, Consumer Rights)
• District of Columbia (Washington)
• Florida (Hialeah)
  +5 other cities

  • Jacksonville
  • Miami
  • Orlando
  • St Petersburg
  • Tampa
• Georgia (Atlanta)
• Hawaii (Honolulu)
• Idaho (Boise)
• Illinois (Chicago)
• Indiana (Fort Wayne)
  +1 other city

  • Indianapolis
• Iowa (Des Moines)
• Kansas (Wichita, Consumer Rights)
• Kentucky (Lexington)
  +1 other city

  • Louisville
• Louisiana (Baton Rouge)
  +1 other city

  • New Orleans
• Maine (Portland)
• Maryland (Baltimore)
• Massachusetts (Boston)
• Michigan (Detroit)
• Minnesota (Minneapolis)
  +1 other city

  • Saint Paul
• Mississippi (Jackson)
• Missouri (Kansas City)
  +1 other city

  • St. Louis
• Montana (Billings)
• Nebraska (Lincoln)
  +1 other city

  • Omaha
• Nevada (Henderson)
  +2 other cities

  • Las Vegas
  • North Las Vegas
• New Hampshire (Manchester)
• New Jersey (Jersey City)
  +1 other city

  • Newark
• New Mexico (Albuquerque)
• New York (Buffalo)
  +2 other cities

  • New York City
  • Rochester
• North Carolina (Charlotte)
  +5 other cities

  • Durham
  • Fayetteville
  • Greensboro
  • Raleigh
  • Winston-Salem
• North Dakota (Fargo, Consumer Rights)
• Ohio (Cincinnati)
  +3 other cities

  • Cleveland
  • Columbus
  • Toledo
• Oklahoma (Tulsa, Consumer Rights)
  +1 other city

  • Oklahoma City
• Oregon (Portland)
• Pennsylvania (Philadelphia)
  +1 other city

  • Pittsburgh
• Rhode Island (Providence)
• South Carolina (Columbia)
• South Dakota (Sioux Falls, Consumer Rights)
• Tennessee (Memphis)
  +1 other city

  • Nashville
• Texas (Arlington)
  +11 other cities

  • Austin
  • Corpus Christi
  • Dallas
  • Fort Worth
  • Garland
  • Houston
  • Irving
  • Laredo
  • Lubbock
  • Plano
  • San Antonio
• Utah (Salt Lake City)
• Vermont (Burlington)
• Virginia (Norfolk)
  +3 other cities

  • Chesapeake
  • Richmond
  • Virginia Beach
• Washington (Seattle)
  +2 other cities

  • Spokane
  • Tacoma
• West Virginia (Charleston)
• Wisconsin (Madison)
  +1 other city

  • Milwaukee
• Wyoming (Cheyenne, Consumer Rights)

Related terms

Other entries in the same area of law, each written from the same primary sources.

• Automatic Renewal and Negative Option SubscriptionsThe federal and state rules on subscriptions that keep charging until you cancel - what a seller must disclose and obtain before enrolling you, the cancellation mechanism it must offer, and where the law currently stands.
• Billing Error Dispute (Credit Card Chargeback)The federal procedure for disputing a charge on a credit card statement - a written process with deadlines on both sides that the card issuer must follow, not a courtesy it may offer.
• Car Dealer FraudThe common deceptive practices in buying a car - spot delivery, hidden damage, odometer rollback, packed add-ons and financing markups - and the federal and state laws that give buyers claims against the dealer and the lender.
• Class ActionOne lawsuit brought by named plaintiffs on behalf of a larger group with the same injury.
• Cooling-Off Rule (Canceling a Door-to-Door Sale)The federal right to cancel certain sales made at your home or away from the seller's regular place of business, the notice the seller must give you, and the many sales it does not reach.
• Credit Freeze and Fraud AlertTwo free federal tools for stopping identity thieves from opening accounts in your name - one that locks your credit file, one that warns lenders to check who they are dealing with.
• Credit Report DisputeThe federal process for forcing a credit bureau and the company that reported an item to investigate information you say is wrong.
• Data Breach Notification RightsWhat a business must tell you when your personal information is exposed, which laws require it, what the notice must say, and what a person whose data was breached can actually claim.
• Debt Validation Notice and Disputing a DebtThe written notice a debt collector must send when it first contacts you, what it must contain, and the dispute right it opens - during which the collector must stop until it verifies the debt.
• Fair Debt Collection (Collector Conduct Rules)Federal limits on what a third-party debt collector may say and do - including a written demand that stops contact, and a 30-day right to make them verify the debt.
• Gift Card and Prepaid Card RulesThe federal limits on gift card expiration and fees, the state laws that go further, and the separate protections for reloadable prepaid cards used like bank accounts.
• Identity Theft Recovery RightsThe federal rights a victim of identity theft can use to remove fraudulent accounts from a credit report, obtain the records of what the thief did, stop the debts being collected, and limit liability for the charges.
• Implied Warranty and the Magnuson-Moss ActThe promises the law reads into a sale whether or not anyone wrote them down, and the federal act that limits how a seller can take them away.
• Investment Fraud and Broker Misconduct ClaimsAn investor's remedies when a broker, adviser or issuer misrepresented an investment, churned an account, recommended unsuitable products or stole, and why most broker claims go to FINRA arbitration rather than court.
• Mandatory Arbitration ClauseA term in a consumer contract that sends any dispute to a private arbitrator instead of a court, usually alone rather than as part of a class - and federal law makes most of them enforceable.
• Professional Malpractice (Accountants, Architects, Engineers, Brokers and Other Professionals)A claim that a licensed professional other than a doctor or lawyer fell below the standard of care of their profession and caused a financial or physical loss.
• Right of Rescission (Home Loans)A federal right to cancel certain loans secured by your home during a short window after signing - and for much longer if the lender failed to give the required disclosures.
• Robocalls and the TCPAThe federal law that restricts automated and prerecorded calls and texts to your phone, gives you a Do Not Call right, and lets you sue for a fixed amount per illegal call.
• Time-Barred DebtA debt so old that the statute of limitations bars a lawsuit to collect it - what a collector may and may not do about it, how a payment can revive it, and why the credit-reporting clock is a different clock.
• Unauthorized Debit Card and Electronic Transfers (Regulation E)The federal rules that limit a consumer's loss from an unauthorized debit card, ATM, ACH or payment-app transfer, require the bank to investigate an error, and decide who bears a loss the consumer was tricked into sending themselves.
• Unfair and Deceptive Practices (UDAP)The consumer-protection laws, one federal and one in every state, that make it illegal for a business to mislead you or treat you unfairly - and the state versions are the ones a consumer can actually sue under.
• Vehicle RepossessionA lender's right to take back a financed car after default without going to court - subject to rules about how it is taken, how it is sold, and what you can still be made to pay afterwards.
• Wage GarnishmentA legal order requiring an employer to withhold part of someone's pay and send it to a creditor.

« All glossary terms