Start My Answer
loading...

What Is an Attorney Malpractice Lawsuit?

Sarah Edwards | November 23, 2022

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

No one wants to be a victim of malpractice, but a lawsuit can make things right.

Summary: An attorney is guilty of malpractice if they have established an attorney-client relationship with someone, broken their duty to provide competent representation to the client, and caused significant financial losses in the client’s life. If you've experienced something similar, you may have an attorney malpractice case and be eligible for compensation.

When you seek legal advice from an attorney, you expect them to provide you with the correct information you need to make crucial decisions. Whether your attorney advises you in a personal injury claim or some other matter, you expect their advice to be accurate and in your best interests.

Problems arise when your attorney gives you bad advice or fails to represent you in accordance with legal standards. Attorneys can make mistakes. However, an attorney’s errors do not necessarily mean they’ve committed malpractice.

You may have a malpractice case if you believe an attorney’s actions led you to sustain financial losses. Your claim must meet stringent requirements to satisfy the court’s definition of attorney malpractice.

What are the elements of an attorney malpractice lawsuit?

The court has strict standards that define when an attorney’s actions result in malpractice. In general, you must prove three elements.

First, you must establish that an attorney-client relationship exists. Proving the relationship is typically as easy as providing a copy of the legal contract between you and the attorney. An attorney-client relationship exists if you’ve hired an attorney to represent you in a claim.

However, no attorney-client relationship exists if you’ve simply met with them for a free consultation. You must prove that you decided to hire the attorney for the attorney-client relationship to be recognized.

Second, you must prove that your attorney broke their duty to provide you with competent representation. All attorneys must abide by a code of ethics, which means they must represent their clients fairly and with due diligence.

While no attorney can guarantee that their client will win their case, they must use their knowledge to recommend a good faith best course of action that aligns with the law.

Finally, the attorney’s actions must have caused their client financial losses. There is no claim if the client does not suffer any economic harm from the attorney’s negligent or intentionally malicious actions.

What is an example of attorney malpractice?

Consider a personal injury claim where the plaintiff, or victim, files a lawsuit seeking compensation for their car crash injuries. When the crash happened, the defendant was speeding at 100 mph, ran a stoplight, and broadsided an SUV containing the plaintiff. The plaintiff sustained severe back injuries and a traumatic brain injury.

The defendant’s auto insurance company is also part of the lawsuit. Before the court date, the insurance company calls the attorney to offer a settlement of $5 million to the plaintiff.

The attorney fails to inform their client of the settlement offer, and the case goes to court. The judge dismisses the case because the statute of limitations has ended, and the plaintiff loses.

If the attorney had informed the client of the settlement offer, they would have accepted it. The client has no recourse since the statute of limitations has expired, and the insurance company has already canceled the settlement offer.

The client has a potential attorney malpractice claim. An attorney-client privilege existed, the attorney broke their duty of care by failing to notify the client of the settlement, and the client suffered financial damages as a result.

What are some other examples of attorney malpractice?

Most attorney malpractice claims arise when the attorney fails to treat their client’s claim with appropriate care.

For instance, an attorney who misses important deadlines that hurt their client’s case may commit malpractice. Failing to file a lawsuit according to state or federal statute limitations or not notifying a client of a settlement offer with an expiration date both qualify.

Another inaction that leads to attorney malpractice is failing to investigate legal claims appropriately. All claims must undergo a discovery process, wherein the lawyer gathers evidence and reviews the applicable laws and previous legal decisions related to the lawsuit. If the attorney mismanages discovery, they may commit attorney malpractice.

While attorneys are in a position to give clients legal advice, they must also follow each client’s instructions. If the client asks the lawyer to do one thing, and the lawyer does the opposite or ignores their instructions, the lawyer may be responsible for attorney malpractice.

Finally, attorneys must ensure that they don’t have a conflict of interest when representing their clients. A conflict of interest exists if the attorney is on retainer to provide legal advice to a business and takes on a client who is suing that business.

It’s in the client's best interests to choose another attorney who does not have ties to the organization they are suing.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

Respond with SoloSuit

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started

Contents