Can I sue my lawyer for not doing their job?

Asked by: Bo Terry  |  Last update: June 21, 2025
Score: 4.1/5 (32 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 their 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.

How difficult is it to sue a lawyer?

Proving Malpractice Isn't Easy

Unfortunately, it is very hard to win a malpractice case. Malpractice means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances.

What is professional negligence by a lawyer?

Professional negligence is also termed malpractice . It occurs when a professional breaches a duty to a client ( see also negligence ). [Last updated in August of 2021 by the Wex Definitions Team ]

What if Your Lawyer is NOT Working Your Legal Case

15 related questions found

What two things must be shown to prove professional negligence?

For a client to make a professional negligence claim, they must prove the following: Duty of care: What the service provider's professional duty was. Breach: The professional failed to perform this duty.

What is the code of professional responsibility for lawyers?

The Code of Professional Responsibility governs legal ethical conduct and was created by the American Bar Association (ABA) in 1969. The Code comprised three portions: (1) Canons ; (2) Ethical Considerations; and (3) Disciplinary Rules.

Can I sue my lawyer for not doing his job?

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.

How much does it cost to sue a lawyer?

Hourly basis: A lawyer who works with you on an hourly basis will charge you for each hour of the time they give you. Hourly rates will vary depending on the layer and your case but can range anywhere from $199 to $295 per hour.

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.

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.

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.

Can you sue a lawyer for misleading you?

To successfully establish a claim of misrepresentation against a lawyer, the client must demonstrate the following key elements: (1) the lawyer made a false representation of material fact; (2) the lawyer knew or should have known the representation was false; (3) the lawyer intended for the client to rely on the ...

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.

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.

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.

Is it a good idea to sue a lawyer?

Suing a lawyer is a big deal. It takes hard work to win these cases. You need to prove they did something bad that caused you real harm. But if your case is strong, you could get money from them as punishment and pay them back for the harm done.

How much should I sue for emotional distress?

Generally, these claims are worth $30,000-$50,000. The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances.

Can you get a retainer fee back if nothing was done?

Any unearned retainer fees that are not used can be returned to the client. Earned retainer fees are the portion of the retainer that the lawyer is entitled to after work begins. Earned retainer fees may be granted to the lawyer bit by bit, depending on the number of hours worked.

What is it called when your lawyer isn't doing his job?

If your lawyer is not doing his job, you may be able to sue him for malpractice. Malpractice occurs when a lawyer fails to provide competent representation to a client or commits professional misconduct.

Why is my lawyer dragging my case?

It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.

Can I sue my lawyer for ineffective counsel?

If you can prove that your attorney gave you ineffective assistance of counsel, it is possible to bring a legal malpractice suit against your lawyer and collect money damages.

What are the four responsibilities of lawyers?

Lawyers typically do the following:
  • Advise and represent clients in criminal or civil proceedings and in other legal matters.
  • Communicate with clients, colleagues, judges, and others involved in a case.
  • Conduct research and analysis of legal issues.
  • Interpret laws, rulings, and regulations for individuals and businesses.

What are lawyer ethics?

A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials.

Do lawyers make deals with each other?

Often negotiations are done between the lawyers, which is one of the reasons you hired them. You could be quite emotional about your case, as anyone would expect you to be, and you also rely on your attorneys training in the law and experience in handling these cases and the negotiations.