Can you sue a lawyer for not helping you?

Asked by: Dan Gleason  |  Last update: January 16, 2026
Score: 4.8/5 (28 votes)

You can also file a civil lawsuit against your lawyer. This is a more complicated process, and you must prove that your lawyer was negligent in handling your case. If you win, you may be awarded damages.

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 it called when a lawyer is not doing 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 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 ]

How to Sue Your Lawyer

45 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 an example of professional negligence?

Examples of potential negligence include:
  • A solicitor providing negligent advice or missing an important court deadline.
  • An accountant failing to correctly advise on tax relief or providing incorrect valuation of the business assets.
  • A surveyor missing apparent defects in the property or providing an incorrect valuation.

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 I sue my lawyer for not doing their 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.

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.

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 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.

Can I sue my lawyer for taking too long?

If you find yourself asking, “Can I sue my lawyer for taking too long?”, the answer is yes, you can sue your lawyer for taking too long if their delay constitutes legal malpractice and caused you a financial harm.

Is it normal to not hear from your lawyer?

At certain points, there may be weeks or months when your attorney is researching and writing or responding to a motion, preparing or responding to discovery requests, or preparing for depositions, and you may not hear any updates from your attorney. The lack of updates does not indicate a lapse in care for your case.

How to tell if your lawyer is working against you?

If you feel that your lawyer is not keeping you informed about your case, is avoiding your calls or emails, or is not providing satisfactory explanations for their actions, it could be a sign that something is wrong. Review Your Case: Educate yourself about the details of your case and the legal proceedings involved.

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 turn 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 are lawyers not allowed to do?

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.

How do you tell if you have a good lawyer?

Do not focus solely on case outcomes; read what others say about a firm's conduct. Were they professional, punctual, and supportive? Did they go the extra mile to make the client feel included in the legal process? These reviews can be helpful as you decide whether a law firm deserves your trust.

What should you never say in court?

Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”

What is the most common example of negligence?

Some common negligence case examples under this category include, but are not limited to, the following scenarios:
  • A driver runs a stop sign and slams into another car.
  • A driver operates illegally in the bicycle lane and hits a bicyclist.
  • A driver runs a red light and hits a pedestrian in a crosswalk.

What are the four D's of malpractice?

The four Ds of medical malpractice are duty, dereliction (negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found.

Is professional negligence a crime?

When a professional is found to have acted negligently, they may be liable for any losses suffered by the client. Furthermore, the professional may be subject to sanctions, such as suspension, or even criminal charges, depending on the severity of the breach of duty.