Hiring an attorney is supposed to provide a sense of security. You expect that they will guide you, protect your interests and handle your case with a high degree of diligence.
But what if your lawyer makes a serious mistake that costs you money? You might wonder if you can sue your own attorney for legal malpractice. The short answer is yes, but only under certain circumstances.
What counts as legal malpractice?
Legal malpractice is more than just being unsatisfied with the turnout of your case. This occurs when a lawyer does not meet the standard of skill and care that a legal practitioner would have. In Massachusetts, the standard of care for an attorney is legally defined by the Massachusetts Rules of Professional Conduct.
A malpractice claim generally requires proof of four elements:
- Duty: The lawyer agreed to represent you and owed you a professional duty.
- Breach: The lawyer’s actions fell below the standard of care expected in the legal profession.
- Causation: The mistake directly caused harm to your case.
- Damages: You suffered an economic loss because of the error.
Examples may include missing a filing deadline, giving incorrect legal advice, mishandling evidence or failing to follow through on critical aspects of a case.
Why these cases can be complex
Legal malpractice claims are not easy to win. You must show not only that your attorney made a mistake, but also that the mistake changed the result of your original case.
For example, if your attorney missed a filing deadline and your lawsuit was dismissed, you must also show that your lawsuit would have succeeded if it had been heard. Because of this extra layer, malpractice claims often require expert testimony and detailed review of legal records.
When it may be worth pursuing
If your attorney’s mistake caused you to lose a case, miss compensation or spend extra money fixing the problem, a malpractice claim may help you recover some losses. However, if the error was minor and did not affect the outcome, it may not qualify.
A careful evaluation can help you decide whether pursuing a claim is worthwhile. If you believe your former lawyer mishandled your case, it may help to speak with an attorney experienced in legal malpractice. They can help you get a clear picture of their options so you can so you can understand the potential impact on your finances and future.
