Abogados de Legal Malpractice

Legal Malpractice Lawyers in the United States

When your attorney fails you, the consequences can be devastating. Legal malpractice occurs when a lawyer's negligence or misconduct causes direct harm to a client. Studies suggest that roughly 4-5% of all attorneys face a malpractice claim during their career, yet many injured clients never pursue the compensation they deserve.

What Legal Malpractice Covers

Legal malpractice claims arise when an attorney breaches their duty of care to a client. Common examples include missed filing deadlines, failure to properly research the law, conflicts of interest, and mishandling client funds. Settlement errors, botched trial strategy, and inadequate communication also fall under this practice area.

To win a legal malpractice case, you must prove four elements: that an attorney-client relationship existed, the lawyer acted negligently, the negligence directly caused your harm, and you suffered actual financial losses. The "case within a case" doctrine applies — you must also show you would have won the underlying matter but for your attorney's mistakes.

When to Hire a Legal Malpractice Lawyer

• Your former attorney missed a statute of limitations deadline, permanently killing your claim
• You lost a case or received a poor settlement due to your lawyer's incompetence or lack of preparation
• Your attorney had an undisclosed conflict of interest that affected the outcome of your matter
• Client trust account funds were mismanaged or misappropriated
• Your lawyer failed to inform you of a settlement offer or gave you materially incorrect legal advice

How the Legal Malpractice Process Works

Your new attorney will first evaluate whether the original lawyer deviated from the standard of care that a reasonably competent attorney would have met. This involves reviewing all case files, correspondence, and court records from the underlying matter.

Expert witnesses — typically experienced attorneys in the same practice area — will testify about what a competent lawyer should have done differently. Most legal malpractice cases resolve within 18 to 36 months, though complex matters can take longer. Approximately 65% of these claims settle before trial.

How Compensation Is Calculated

• Lost recovery value — the amount you would have won or retained in the underlying case had your attorney performed competently
• Consequential damages — additional financial losses caused by the malpractice, such as lost business opportunities or extra legal fees spent fixing the original attorney's errors
• Out-of-pocket costs you incurred because of the failed representation
• Interest on delayed or lost recoveries, calculated from the date the original case should have resolved
• In rare cases involving fraud or intentional misconduct, punitive damages may be awarded

Frequently Asked Questions

How long do I have to file a legal malpractice claim?

The statute of limitations varies by state but typically ranges from one to six years. Some states start the clock when the malpractice occurred, while others use a "discovery rule" that begins when you knew or should have known about the attorney's error. Waiting too long can permanently bar your claim.

Can I sue my lawyer even if I won my original case?

Yes. If your attorney's negligence caused you to receive less money than you were entitled to, you may still have a valid malpractice claim. The key question is whether the outcome would have been better without the lawyer's mistakes. Even a partial loss of value can support a claim for damages.