Your lawyer was supposed to protect you—but instead, they made things worse. Now what?
If you’re searching for how to sue a lawyer for malpractice, you’re probably feeling blindsided, frustrated, and maybe even betrayed. And you’re not alone.
At 1818, we regularly hear from clients who trusted an attorney to handle a legal matter, only to have that trust shattered by missed deadlines, bad advice, or sloppy work. The legal system is confusing enough—add a negligent lawyer into the mix, and the damage can be severe.
Here’s the good news: You may have options. This blog walks you through exactly what to do if your lawyer screwed up your case, when that mistake rises to the level of malpractice, and how to take action to protect yourself and pursue compensation.
Not Every Mistake Is Malpractice
Lawyers aren’t miracle workers. Sometimes cases get dismissed, settlements fall through, or juries get it wrong. That doesn’t necessarily mean your attorney did anything wrong.
But when your lawyer’s mistake, neglect, or unethical behavior directly causes you harm, that’s a different story. That’s when you may be entitled to sue for legal malpractice.
Signs Your Lawyer’s Mistake Could Be Malpractice:
- They missed a filing deadline, and your case was thrown out.
- They gave incorrect legal advice that cost you financially.
- They settled your case without your permission.
- They had a conflict of interest they never disclosed.
- They didn’t show up to court or file key motions.
- They handled a matter outside their area of expertise—and got it wrong.
If any of this sounds familiar, keep reading.
Step 1: Gather Evidence
When a lawyer messes up your case, your first instinct might be to get angry or vent online. But the smarter move is to start gathering everything you can:
- Emails and messages showing what your attorney told you.
- Court documents that show missed deadlines or errors.
- Invoices and receipts for legal work that was done (or not done).
- Proof of harm—lost settlements, dismissed claims, or out-of-pocket costs.
Legal malpractice claims are built on documentation. You don’t need everything to make your case today—but the more you collect now, the easier it is to build a strong claim later.
Step 2: Get a Second Legal Opinion
One of the most important things you can do is talk to another attorney—ideally, one who handles legal malpractice cases.
A second opinion does two things:
- It helps you understand whether your first lawyer’s conduct fell below the accepted standard of care.
- It gives you clarity on whether the outcome would have likely been different with competent representation.
At 1818, we provide this kind of evaluation often. Sometimes the issue is serious enough to pursue. Sometimes it isn’t. Either way, you deserve an honest answer from someone who isn’t guessing.
Step 3: Understand the Elements of a Malpractice Lawsuit
To sue a lawyer for malpractice, you must prove four things:
1. An Attorney-Client Relationship Existed
You can’t sue someone who casually gave you legal advice at a party. You must have a formal, professional relationship, usually shown through a retainer agreement or engagement letter.
2. The Lawyer Breached Their Duty
This is where the actual mistake comes in. You must show that your lawyer did something no reasonably competent attorney would have done—or failed to do something they obviously should have.
3. That Breach Caused You Harm
This is critical. You have to prove that your lawyer’s mistake directly caused the bad outcome—not that you were just unhappy with how things turned out.
4. You Suffered Damages
If there’s no financial loss, you probably don’t have a case. Malpractice lawsuits require proof that you suffered real harm—lost money, missed settlements, legal penalties, or other tangible damage.
This is sometimes called the “case within a case”—because to win, you usually have to show that you would’ve won the original case if your lawyer had done their job correctly.
Step 4: Act Fast—There’s a Deadline
Legal malpractice claims are subject to strict time limits, known as statutes of limitations.
In Illinois, you typically have two years from the time you knew or should have known your lawyer committed malpractice. Miss that window, and your claim may be barred—no matter how strong it is.
That’s why it’s so important to act quickly. If you’re even thinking your lawyer may have screwed up your case, get legal advice now—not six months from now.
Step 5: Decide Whether to File a Lawsuit
Once you’ve gathered evidence, confirmed that malpractice occurred, and checked the statute of limitations, the next question is: Is it worth suing your lawyer?
Here’s what to consider:
- How much money is at stake?
Malpractice claims can be expensive to pursue. If the harm is minimal, it might not be worth it. - Does the attorney have malpractice insurance?
Many lawyers carry professional liability insurance (E&O), which may cover your damages if you win. - Is your claim strong enough to settle?
Some lawyers will settle quickly to avoid a public fight. Others will push back hard. Your case strength matters.
At 1818, we help clients evaluate not just whether they can sue—but whether they should. If it’s worth pursuing, we’ll go after the compensation you deserve. If not, we’ll explain why—clearly and honestly.
What You Can Recover in a Legal Malpractice Lawsuit
If you win or settle a malpractice claim, your compensation may include:
- The value of the original case you lost
- Out-of-pocket legal costs caused by the lawyer’s mistake (in rare cases)
- Financial penalties or judgments that resulted from bad advice (in rare cases)
The goal of a malpractice lawsuit is to put you back in the position you would’ve been in if your lawyer had done their job right.
Your Lawyer Let You Down. We Won’t.
Getting legal help is supposed to reduce stress—not cause more of it. And when your lawyer drops the ball, it can shake your confidence in the whole system.
We get it.
At 1818, we take legal malpractice seriously. We don’t just understand the law—we know how it feels to be misled or ignored by someone you were supposed to trust.
If your attorney made a serious mistake that cost you your case, your money, or your peace of mind, we’re here to help you figure out your next move.
Think your lawyer screwed up your case? Learn how to sue a lawyer for malpractice—start with a free, confidential consultation with 1818 today.
