Can you sue a lawyer for not doing their job Ontario?

Asked by: Hassan Lueilwitz  |  Last update: October 22, 2025
Score: 4.1/5 (45 votes)

You can indeed sue a lawyer or law firm for errors and omissions or if they act below the standard of care that would be expected of a reasonable lawyer under the circumstances.

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.

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 happens if a lawyer is not responding in Ontario?

If you cannot obtain a response, or if you tried talking to your lawyer or paralegal and it did not help, you can contact the Law Society of Ontario for assistance. Your complaint must be filed in writing to the Law Society's Complaints Services.

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.

How to sue an attorney for malpractice

21 related questions found

What is the most common complaint against lawyers?

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 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.

What to do if your lawyer is not communicating with you?

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face. Your next step would depend on the nature of the problem.

Can I sue my lawyer for negligence in Ontario?

You may have a claim against your lawyer in cases where they have committed an ethical breach that is contrary to their professional standards as set out in the Rules of Professional Conduct. If you have been overcharged by your lawyer, you may have grounds for bringing a claim against them.

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.

Can a lawyer drop your case without telling you?

First, the attorney must give the client proper notice of the intended withdrawal as well as notices of upcoming hearing dates, etc. The attorney must also notify the court of the client's contact information so that notices can be sent directly to the client following the withdrawal.

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 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.

How to fire an attorney and get retainer back?

In order to avoid any potential financial backlash from your decision, you should fire your attorney using a notarized letter that you've sent to him or her via certified mail. This letter must outline the reasons that you've chosen to fire him or her and demand the repayment of any unused portion of your retainer.

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.

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 do I file a complaint against a lawyer in Ontario?

If you wish to make a complaint, you must set up an LSO Connects Account where you will have access to our online complaint form. LSO Connects is the Law Society's secure online communications channel where all correspondence regarding your complaint will be available.

How much can you sue for in Ontario?

Overview. If you believe you are owed money for the return of personal property, you can sue that person or business in Small Claims Court for $35,000 or less. For anything over $35,000, you need to go to the Superior Court of Justice.

Can I sue my lawyer for lack of communication?

For example, if you've missed filing deadlines or had court requests denied because your attorney failed to communicate, you likely have a claim for legal malpractice.

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.

How often should your lawyer communicate with you?

The basic answer is that we feel it's at least every three months and as often as daily while important things are happening on your case. You also have a responsibility to communicate with your lawyer. If your TTD check is late, tell them.

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.

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.

Is it worth going to small claims court for $500?

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.