Filing court papers is a basic part of a lawyer’s job. When it’s done wrong—filed late, filed in the wrong court, or filled out incorrectly—it can damage or destroy your case. These aren’t harmless errors. In many situations, they can cost you money, legal rights, or the chance to move your case forward.
If you’re asking, can you sue a lawyer for not doing their job, the answer is: yes, if the mistake meets the legal standard for malpractice. This article explains what happens when court filings are mishandled, how to know if your attorney’s error qualifies as malpractice, and what steps you can take to protect yourself.
The High Stakes of Court Paperwork
Filing court documents is not just a clerical task—it’s a critical part of legal strategy and compliance. Courts run on deadlines, precision, and procedure. When a lawyer makes mistakes in court filings, it can lead to serious—and sometimes irreversible—consequences, including:
- Missed deadlines that result in dismissed cases
- Rejected motions or pleadings due to formatting or procedural errors
- Default judgments entered against you
- Loss of your right to appeal or respond
- Damaged credibility with the court
If any of that sounds familiar, you may be wondering whether your lawyer’s mistake crosses the line from inconvenient to actionable negligence.
What Does It Mean for a Lawyer to “Not Do Their Job”?
Not every bad outcome is malpractice. But when an attorney fails to perform the duties you hired them for—like filing paperwork correctly, on time, and in accordance with the law—that failure could become the basis for a malpractice claim.
Common Filing Mistakes That May Constitute Legal Malpractice
- Filing the wrong document entirely
- Submitting paperwork to the wrong court or jurisdiction
- Using outdated or incorrect legal forms
- Failing to include essential information (e.g., exhibits, affidavits)
- Missing filing deadlines (especially statutes of limitation)
- Forgetting to serve opposing parties
- Failing to respond to a court order or motion
These are not just minor oversights—they can seriously jeopardize your case. If your lawyer’s mistake cost you your claim, a financial settlement, or a favorable ruling, that’s more than just bad service. It may be legal malpractice.
Can You Sue a Lawyer for Not Doing Their Job?
Yes—but only if certain conditions are met. To sue a lawyer for malpractice, you’ll need to show that their mistake meets the legal threshold for professional negligence.
To win a legal malpractice lawsuit, you must prove four key elements:
- Duty: There was an attorney-client relationship. You hired the lawyer, they agreed to represent you, and they owed you a duty of competent representation.
- Breach: The lawyer failed to meet the professional standard of care. Filing court papers incorrectly could qualify as a breach—especially if a reasonably competent attorney would not have made the same error.
- Causation: Their breach directly caused harm. You must prove that the filing mistake led to a specific, negative outcome—like a case dismissal, default judgment, or loss of legal rights.
- Damages: You suffered financial or legal harm. If there’s no measurable damage, there’s no malpractice claim. But if you lost money, rights, or opportunities due to the error, you may have a case.
What You Should Do If You Suspect Filing Errors
If you believe your attorney filed documents incorrectly, don’t wait and hope it resolves itself. Here are the steps you should take immediately:
Gather All Documentation
Start collecting copies of everything your lawyer filed on your behalf. Get emails, court receipts, stamped pleadings, and anything else that shows what was submitted and when.
Request a Case Status Update
Ask your lawyer for a full update—preferably in writing. If they give vague answers, avoid your questions, or deflect blame, those are red flags.
Consult a Legal Malpractice Attorney
Don’t rely on guesswork. Get a second opinion from a firm that handles legal malpractice cases. At 1818, we regularly evaluate cases where court filings were botched—and we’ll tell you whether the damage justifies a lawsuit.
Is It Worth Suing Over a Filing Error?
That depends on the impact of the mistake. A small typo that didn’t change the case result? Probably not worth pursuing. But a serious error that cost you your claim, your settlement, or your business? That’s a different story.
Questions to Ask Yourself:
- Did I lose money or legal rights because of the mistake?
- Would the outcome likely have been different with proper representation?
- Do I have documentation that proves the lawyer’s error?
- Has the statute of limitations for malpractice passed? (In Illinois, it’s typically 2 years from when the error was discovered.)
If the answer to most of these is “yes,” you may have a viable claim—and we can help you figure out your next move.
What You Can Recover in a Malpractice Claim
If your case is successful, you may be entitled to compensation for:
- The value of your original lost case or settlement
- Out-of-pocket legal expenses
- Additional legal fees paid to fix the issue
- Fines, penalties, or judgments incurred due to the error
- Lost opportunities (e.g., contracts, deals, or business harm)
The goal is simple: to put you in the position you would have been in if your attorney had done their job correctly.
Your Lawyer Made the Mistake. You Shouldn’t Have to Pay for It.
Lawyers are human—but when their mistakes cross the line into professional negligence, clients suffer. If your lawyer filed court papers incorrectly and it cost you something valuable, it’s time to stop wondering if you can sue—and start finding out how.
At 1818, we hold attorneys accountable when they don’t deliver the standard of care their clients deserve. We’ve helped people like you figure out what went wrong, calculate the damage, and fight for compensation when the stakes are high.
Wondering if you can sue your lawyer for not doing their job? Start with a free, confidential consultation with 1818 today.
