Attorneys are legal professionals — but they’re also human, and sometimes they fail their clients in ways that cause real, measurable harm. Legal malpractice is the area of law that addresses when attorneys breach their professional duty.
What Qualifies as Legal Malpractice
To have a viable legal malpractice claim, you generally need to prove four elements: (1) An attorney-client relationship existed; (2) the attorney breached the professional standard of care; (3) that breach caused harm; and (4) you suffered actual, quantifiable damages as a result.
Common Examples of Legal Malpractice
- Missing a statute of limitations (filing deadline) that kills your case
- Failing to file required documents with the court
- Conflict of interest that was never disclosed
- Settling a case without client authorization
- Providing advice far outside the attorney’s area of competence
The Statute of Limitations on Malpractice Claims
Malpractice claims themselves have filing deadlines — typically 1 to 4 years depending on the state. These deadlines often begin from the date you discovered (or reasonably should have discovered) the attorney’s error, not the date the error occurred.
What to Do If You Suspect Malpractice
Consult a malpractice attorney quickly. Many handle these cases on contingency. Also consider filing a complaint with your state bar association — while it won’t get you monetary compensation, it may trigger disciplinary action against the attorney.
