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Can I sue my lawyer for malpractice?

When a lawyer fails to uphold their client’s best interests, it can cost the client considerably. Results of a lawsuit that are less than ideal can leave a client with years of regret and major damages. A bad result in a lawsuit is not enough to sue an attorney for legal malpractice, however. So, how is it possible for someone to sue their lawyer?

There is a lot to know about legal malpractice. It can be hard to start on the right foot. Before seeking legal action, see if your situation compares to these examples of legal malpractice:

Your lawyer stops working

The work that your lawyer puts into your case directly impacts its outcome. If your lawyer does not do their due diligence for your case and your needs, you may lose your case, or the judge may throw your case out.

Settling on your behalf

Attorneys cannot accept a settlement without the permission of the client. As the client, you need to consent to any settlement before you and your attorney take it.

Appropriating retainer funds

The money you give to a lawyer as a retainer for their services needs to be used for their service toward your case. Lawyers who take your retainer funds from their firm and put them elsewhere, like a personal bank account, are stealing from you.


Despite having a law degree, not every lawyer is capable of handling every type of case. An attorney who practices solely in personal injury cases may not have the experience or knowledge to help clients with their business law needs.

Breach of contract

A contract between a lawyer and their client defines the obligations that they have for one another. If a lawyer should fail to meet these obligations, they may have conducted legal malpractice.

Consult with an experienced attorney

Holding an attorney responsible for their malpractice is no small task. If you suspect you are the victim of malpractice, consult with an attorney who has considerable experience holding liable lawyers accountable for their actions.