Hiring an attorney often means trusting someone to protect your rights during one of the most stressful periods of your life. When a lawyer makes serious mistakes, however, the consequences can be financially and emotionally devastating.
While not every unsuccessful case is the result of attorney negligence, there are situations where a lawyer’s conduct may rise to the level of legal malpractice in Missouri.
What Is Legal Malpractice?
Legal malpractice occurs when an attorney fails to provide competent legal representation and harms the client as a result. Lawyers are expected to handle cases with reasonable skill, care, and diligence.
Examples of conduct that may lead to a malpractice claim include:
- Missing important filing deadlines
- Failing to file court documents properly
- Ignoring settlement offers
- Losing important evidence
- Missing court hearings
- Settling a case without the client’s permission
- Failing to communicate important information
A lawyer is not automatically liable simply because a case was unsuccessful. However, an attorney may be responsible if their negligence directly damaged the client’s legal claim.
How Do You Know if Your Attorney Mishandled Your Case?
Many people first suspect a problem when communication becomes inconsistent or important issues are ignored. While delays can happen in legal cases, repeated mistakes or unexplained problems may indicate more serious concerns.
Some warning signs include:
- Your lawyer stops returning calls or emails
- Deadlines appear to have been missed
- You discover paperwork was never filed
- Your case is dismissed unexpectedly
- Your attorney pressures you to accept a settlement without clearly explaining the risks and benefits
- You are unable to get clear answers about your case
If your attorney’s mistakes caused you to lose compensation or weakened your claim, you may want to speak with another lawyer about your options.
Can You Sue Your Lawyer for Malpractice?
Yes. In some situations, clients can file legal malpractice lawsuits against their attorneys. These lawsuits seek compensation for losses caused by negligent legal representation.
For example, if your attorney failed to file a lawsuit before the statute of limitations expired, you may lose your ability to recover compensation entirely. In that situation, you may have grounds for a malpractice claim.
Legal malpractice cases are often complicated because the client must prove both that the attorney made a serious mistake and that the mistake harmed the underlying case.
What Must You Prove in a Legal Malpractice Claim?
Legal malpractice claims are often more complicated than people expect. It is not enough to simply show that your lawyer made a mistake or that your case had a bad outcome. Instead, you generally must prove several legal elements to recover compensation.
These elements typically include:
- An attorney-client relationship: You must show that the lawyer officially represented you in the underlying legal matter.
- Negligence or breach of duty: You must prove the attorney failed to act with the level of skill and care that a reasonably competent lawyer would have used under similar circumstances.
- Causation: You must show that the attorney’s negligence directly caused harm to your case. In many situations, this means proving you would have achieved a better outcome if the lawyer had handled the matter properly.
- Damages: You must prove you suffered actual financial losses because of the attorney’s mistakes.
Without proof of actual harm, a legal malpractice claim may not succeed even if the attorney made errors.
What Should You Do if You Believe Your Lawyer Made a Serious Mistake?
If you believe your lawyer mishandled your case, it is important to act quickly and gather information.
Start by requesting a complete copy of your file, including:
- Court filings
- Settlement communications
- Billing records
- Emails and correspondence
- Contracts or fee agreements
You may also want to seek a second opinion from another attorney experienced in legal malpractice cases. A new lawyer may be able to review your file and determine whether negligence occurred.
It is also important to preserve evidence related to your representation, including text messages, emails, contracts, and notices from the court or insurance company.
What Compensation May Be Available in a Legal Malpractice Case?
The compensation available in a legal malpractice claim depends on the harm caused by the attorney’s conduct.
Compensation may include:
- Lost settlement compensation
- Lost court awards
- Additional attorney’s fees and legal costs
- Financial losses caused by the attorney’s mistakes
The purpose of a malpractice claim is generally to place the client in the financial position they would have been in if the lawyer had handled the matter properly.
How Long Do You Have to File a Legal Malpractice Claim?
Missouri has deadlines for filing legal malpractice lawsuits. In many cases, malpractice claims must be filed within five years of the alleged negligence or resulting damage. However, the exact deadline can depend on the facts of the case.
Because missing a filing deadline can prevent you from recovering compensation, it is important to speak with another attorney as soon as possible if you suspect malpractice.
Can You Report an Attorney to the State Bar?
Clients may file complaints with the Missouri Office of the Chief Disciplinary Counsel if they believe an attorney violated ethical rules or engaged in misconduct.
Examples of conduct that may justify a complaint include:
- Dishonesty or fraud
- Theft of client funds
- Conflicts of interest
- Abandoning a client’s case
- Serious communication failures
A disciplinary complaint is separate from a malpractice lawsuit. While disciplinary action may be taken against the attorney, filing a complaint does not usually provide the client with financial compensation.
Contact Schultz & Myers Personal Injury Lawyers to Schedule a Free Consultation With a Columbia Personal Injury Attorney
Even though attorneys are expected to provide competent representation, serious mistakes can still happen. If you believe your lawyer’s negligence harmed your case in Missouri, it is important to understand that you may have legal options available.
To learn more, contact Schultz & Myers Personal Injury Lawyers today at (314) 444-4444. We offer free consultations with our Columbia personal injury lawyers.
