When you hire an attorney, you expect reliable legal advice and professional guidance. But what happens if your lawyer gives bad legal advice, and you suffer for it? Can you sue your lawyer for malpractice?
The short answer: sometimes.
This blog explains when bad legal advice crosses the line into legal malpractice, what you need to prove to file a successful claim, and how to protect yourself if you believe your attorney was negligent.
What is Legal Malpractice?
Legal malpractice happens when an attorney fails to provide services that meet the accepted standard of care in the legal profession. Not every mistake is malpractice—law is unpredictable, and even the best legal strategies can fail. But if your lawyer’s actions were careless, reckless, or completely outside what any competent attorney would have done, you may have a case.
When Bad Legal Advice Becomes Legal Malpractice
Not all bad outcomes are caused by negligent legal advice. Losing a case doesn’t automatically mean your lawyer was at fault. Legal malpractice occurs when an attorney:
- Owes you a duty of care,
- Breaches of that duty by acting outside accepted legal standards,
- Causes harm through their actions, and
- That harm results in actual damages, often financial losses.
Four Elements You Must Prove in a Legal Malpractice Case
To sue a lawyer for legal malpractice, you must prove all four of these essential elements:
1. An Attorney-Client Relationship Existed
You must show that your lawyer formally represented you—not just casual legal advice over coffee. A formal relationship means they had a duty to act in your best interests.
2. The Attorney Breached Their Duty of Care
This is where negligent legal advice comes into play. If another reasonably competent lawyer would have made different choices, this may count as a breach of professional standards.
3. The Bad Legal Advice Caused You Harm
You’ll need to show a direct link between the lawyer’s advice and the negative outcome. This is called causation. If the bad advice led directly to a financial loss or other damage, you may have a claim.
4. You Suffered Actual Damages
Legal malpractice requires real losses, often financial. For example, if your attorney missed a filing deadline and it cost you your case, you’ll need to prove the value of what was lost.
Common Examples of Bad Legal Advice That May Be Malpractice
Some kinds of bad legal advice are easier to recognize than others. Here are two common scenarios:
1. Missed Deadlines
If your attorney missed a court filing deadline or statute of limitations and it ruined your case, that could be malpractice, especially if you can prove the case would have been successful otherwise.
2. Practicing Outside Their Expertise
If your lawyer handled a matter they weren’t qualified for—without bringing in an expert—and their lack of knowledge caused you harm, you may have a claim for professional negligence.
Common Defenses Lawyers Use in Legal Malpractice Lawsuits
If you sue your lawyer, be prepared for them to fight back. Here are some common legal malpractice defenses:
“It Was a Judgment Call”
Lawyers are allowed to make strategic decisions. If the decision was reasonable—even if it didn’t work out—it may not count as negligence.
“You Didn’t Tell Me Everything”
If the client withholds information or gives incorrect facts, the attorney might argue that the bad outcome wasn’t their fault.
“My Advice Didn’t Cause the Problem”
They may claim the bad result would’ve happened anyway, regardless of their advice. This defense focuses on causation.
Legal Malpractice vs. Attorney Misconduct
Not all poor behavior by lawyers qualifies as malpractice. However, unethical conduct may still violate professional rules.
Under Rule 8.4 of the Rules of Professional Conduct, attorneys can face discipline for:
- Dishonesty
- Misrepresentation
- Behavior that undermines the legal system
These violations in Illinois are dealt with by The Attorney Registration and Disciplinary Commission (ARDC). While getting the ARDC involved won’t get you financial compensation, it will help hold attorneys accountable.
What to Do If You Think You Got Bad Legal Advice
If you’re dealing with the consequences of bad legal advice, here are the steps to protect yourself:
Save All Documentation
Keep emails, letters, contracts, and any records that show what your lawyer advised and how it affected your case.
Get a Second Opinion
Have another attorney—unconnected to your case—review the advice and outcome.
Calculate Your Damages
Was the harm financial, reputational, or lost opportunity? Know exactly what the bad advice cost you.
Check the Statute of Limitations
Every state has deadlines for filing legal malpractice claims. In Illinois, for example, the statute of limitations is usually two years from when the malpractice is discovered.
Explore Your Options
You may resolve the issue through direct negotiation, mediation, or filing a lawsuit, depending on the situation.
How 1818 Litigation Attorneys Handle Legal Malpractice Cases
At 1818 Litigation Attorneys, we know what it takes to prove legal malpractice. We investigate the advice you received, measure it against the expected legal standard, and determine whether your former attorney’s actions were truly negligent.
We don’t take every case, but if you’ve suffered real damage due to bad legal advice, we can help you understand your options and next steps.
Contact Us for a Free Legal Malpractice Consultation
If you believe your attorney provided you with incorrect advice and it resulted in serious financial harm, please reach out today. Our team at 1818 Litigation Attorneys is ready to review your case and help you move forward.
