Can I sue my lawyer for not doing his job?

Asked by: Kamryn Champlin  |  Last update: December 16, 2025
Score: 4.1/5 (75 votes)

Lawyers may make mistakes from time to time. A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What is it called when a lawyer doesn't do his job?

Any time an attorney fails to meet the expected standards of his or her profession, their clients could take legal actions against them for what is called “legal malpractice.”

What is the most common complaint against a lawyer?

According to the ABA, the most common attorney discipline complaints filed with the bar association involve:
  • Neglect.
  • Lack of communication.
  • Misrepresentation or dishonesty.
  • Scope of representation.
  • Fee disputes.

What to do when you feel like your lawyer isn't doing his job?

If you think your attorney has acted unethically

You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

How to sue an attorney for not doing their job?

File a complaint with the state bar association: Each state has a bar association that regulates attorneys and investigates complaints against them. You can file a complaint with the bar association in your state and they will investigate the matter and take disciplinary action if necessary.

What if Your Lawyer is NOT Working Your Legal Case

19 related questions found

Can a lawyer get in trouble for not doing their job?

If your lawyer is not doing his job, you may be able to sue him for malpractice.

How do you know if your lawyer is selling you out?

How Can You Tell If Your Lawyer Is Selling You Out?
  • They Regularly Miss Deadlines and Appointments. ...
  • They Show a Lack of Interest in Your Case. ...
  • They Are Pushing You Too Quickly or Forcefully to Settle. ...
  • They Fail to Return or Answer Your Calls. ...
  • They're not Transparent in Billing and Payment Practices.

How do you know you have a bad lawyer?

Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.

How much is a legal malpractice case worth?

Attorneys may purchase policies with coverage limits as high as $10 million. The average legal malpractice settlement or verdict is nearing $300,000. If your attorney costs you money, they can be liable to pay for it. The last thing that they want is for you to go after their personal assets.

What are my rights as a client of a lawyer?

You are entitled to an attorney who will be capable of handling your case; show you courtesy and consideration at all times; represent you zealously; and preserve your confidences and secrets that you reveal in the course of the relationship, to the extent permitted by law.

What should you not say to a lawyer?

Eight Things You Shouldn't Say to Your Lawyer
  • Do Not Say Anything to Your Attorney That Is Not True. ...
  • Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
  • Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.

What is an example of a bad lawyer?

Other signs of an incompetent lawyer include poor communication, missed deadlines, lack of knowledge about relevant laws, unpreparedness in court, and general disorganization in handling cases.

Can your lawyer work against you?

The law is clear that a lawyer cannot turn against their client, and any violation of this guideline can invite a stringent investigation from legal authorities. Accusations of treachery are taken seriously and may warrant criminal prosecution to ensure justice is served fairly.

What is the biggest complaint with lawyers?

Most clients' primary complaint about law firms and lawyers is a lack of communication. They often feel uninformed about the progress of their case, leaving them in the dark.

Can you sue a lawyer for not responding?

Your Lawyer Missed a Deadline

Failing to respond to discovery requests or file complaints on time can be detrimental to the client's case. Mistakes such as these can prevent key evidence from being admitted and alter the outcome of the case, which would create strong grounds for a malpractice case.

Can you get a lawyer fired?

Under California law, you have the right to terminate your attorney-client relationship if you are dissatisfied with your attorney's performance.

Is it worth suing for malpractice?

In order to make a medical malpractice case worthwhile to pursue, the case should have approximately $125,000 to $150,000 in provable damages. Since only allows the recovery of compensatory damages, a patient must have a serious and permanent injury to justify proceeding with a medical malpractice case.

How hard is it to win a malpractice lawsuit?

By the Numbers: The Odds of Winning a Malpractice Lawsuit

80 to 90 percent of jury trials involving weak evidence of medical negligence. 70 percent of jury trials in borderline cases. 50 percent of cases with strong evidence of medical negligence.

What percent of malpractice suits are won?

The findings have been remarkably consistent. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence [18].

How do you know when to fire your lawyer?

The Most Common Reasons Why Clients Fire Their Lawyers
  1. 1) Lack of Communication. ...
  2. 2) Personality Conflicts. ...
  3. 3) Unrealistic Expectations by the Client as to The Value of Their Case. ...
  4. 4) The Lawyer is Not Qualified to Handle the Case Now That it Is “Complicated”

What makes a lawyer ineffective?

To constitute ineffective counsel, a defendant's attorney's performance must have fallen below "an objective standard of reasonableness." Courts are "highly deferential," indulging a "strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." Strickland permits ...

How do you tell a lawyer off?

Here are some tips to keep in mind:
  1. Always terminate the relationship in writing. Even if you fire your attorney in a verbal exchange, you should follow up by sending a written termination letter. ...
  2. Get to the point. ...
  3. Be firm. ...
  4. Be polite. ...
  5. Ask for a copy of your case file.

How do you know if a lawyer is scamming you?

For example, the State Bar of California has an Attorney Search page where you can insert an individual's name or State Bar Number to see if they really are licensed. You can also call your state Bar directly and verify that an individual has a license.

Can my lawyer drop me without telling me?

If a lawyer and client cannot work together effectively, it can be difficult to achieve a positive outcome. In this case, the lawyer must notify the client of their intention to withdraw and provide reasonable notice to allow the client to find a new lawyer.

Do I tell my lawyer everything?

Talking to Your Attorney About the Case

Different attorneys have different opinions on what they want their clients to tell them about the case. Many criminal defense attorneys want their clients to tell them everything—the good, the bad, and the ugly—because attorneys can't defend against what they don't know.