Putting your legal issues in someone else’s hands takes trust—real trust. When you hire an attorney, you assume they’ll handle things professionally, communicate clearly, and keep your best interests front and center. But sometimes, that just doesn’t happen. And usually, while without any malice, lawyers can make mistakes that end up costing you financially, emotionally, or both.
At 1818, we often get calls from people who, just a few weeks into working with a lawyer, say things like:
- “I just don’t like my attorney, I don’t think they’re listening to me.”
- “My attorney never returns my calls or emails, and I don’t feel like they care.”
- “I keep telling my attorney what I want, but they keep doing things that completely conflict with my goals.”
If you’ve had those thoughts-or anything close to them-the answer is often simpler than you think: find a new lawyer. If your relationship starts off bumpy, if your gut is telling you something’s not right, you’re probably not imagining it. There are plenty of attorneys who would be happy to give your case the care and attention it deserves.
But What Does Legal Malpractice Actually Look Like?
Let’s be clear—not every bad outcome is malpractice. The legal process is complicated, messy, and full of unpredictable twists. Judges and juries don’t always get it right, and sometimes, even when a lawyer does everything they should, things just don’t go your way.
Legal malpractice happens when your attorney’s actions—or inaction—fall so far below the professional standard of care that it causes real harm. That might be a missed deadline that results in a dismissed case, or a serious procedural error that wipes out your chance at recovering damages.
To have a valid legal malpractice claim, you have to show two main things:
- That your lawyer made a mistake that no reasonably competent attorney would have made, and
- That their mistake directly caused you financial or legal harm.
Red Flags That Could Mean Something’s Wrong
There’s no buzzer or bright red “malpractice” sign that goes off when something isn’t right. More often, it’s a pattern of frustrating, concerning, or downright unprofessional behavior that builds over time. These are the signs to pay attention to:
1. Chronic Communication Problems
Yes, attorneys are busy people. But if yours has been ghosting you for days or even weeks at a time, that’s more than just annoying—it could be a warning that they’re not actively working on your case.
You may be dealing with legal malpractice if:
- You’ve left multiple voicemails and emails without a response.
- The only time you get an update is when you push for it.
- You have no idea where your case stands or what’s happening next.
- They make major decisions—like agreeing to settlements—without even asking you.
You have a right to know what’s going on with your case. Period. Lack of communication doesn’t just feel bad—it can mean your lawyer isn’t giving your legal matter the attention it deserves.
2. Missed Deadlines or Filing Mistakes
In the legal world, deadlines matter. A lot. Missing one isn’t just a paperwork issue—it can cost you your entire case.
This could include:
- Failing to file documents or motions on time.
- Missing court appearances without informing you.
- Allowing deadlines to pass that result in dismissed claims or default judgments.
- Ignoring opposing counsel’s requests or failing to respond to discovery.
In personal injury cases, business litigation, or any matter involving statutes of limitation, missing deadlines can be catastrophic—and it’s one of the most common reasons malpractice claims are filed.
3. Lack of Preparation or Basic Legal Know-How
You should never feel like your lawyer is making it up as they go along. If they seem unsure, underprepared, or completely out of their depth, you have every reason to be concerned.
You may want to reconsider your representation if:
- They can’t explain the basics of your case or legal process.
- They appear unfamiliar with deadlines, procedures, or relevant laws.
- They make avoidable errors in critical documents.
- Their approach changes constantly, without clear strategy or explanation.
A good attorney knows when they’re not an expert—and they either do the research or refer you to someone who is. If they’re not doing either, that’s a risk you shouldn’t be forced to carry.
4. Undisclosed Conflicts of Interest
Your lawyer has a duty to represent your best interests—no exceptions. If they’re connected to someone else in the case or have something to gain personally, that’s a conflict of interest—and it needs to be disclosed.
You might have a problem if:
- Your lawyer is also representing someone else in the case.
- They have personal or financial relationships with the opposing party, expert witnesses, or even the judge.
- They never disclosed the conflict, and you found out later on.
Undisclosed conflicts can completely derail your case and may also violate legal ethics rules. In some situations, they’re more than unethical—they’re grounds for a malpractice claim.
5. Pressure to Settle—With No Real Explanation
There’s nothing wrong with settling a case. Often, it’s the most practical and cost-effective outcome. But if your attorney is pushing you hard to take a bad deal without a clear explanation of why, it could mean they’re prioritizing their convenience over your outcome.
Pay attention if:
- You’re being pressured to settle for far less than your case is worth.
- Your attorney can’t or won’t explain the pros and cons of settling.
- They seem annoyed or defensive when you express hesitation.
- Their valuation of your case keeps changing without any new developments.
A good lawyer should help you weigh your options—not push you into a decision because they want to wrap things up quickly.
6. Mishandling of Your Money
Few things are more serious than financial misconduct. Lawyers are legally and ethically bound to keep your money safe, separate, and properly documented.
Red flags include:
- Delays in delivering your settlement check.
- A refusal or inability to explain where your money went.
- Vague references to “trust accounts” with no clear answers.
- Commingling your money with their own business funds.
This isn’t just sloppy bookkeeping. If your lawyer mishandles client funds, that could be a serious ethics violation—and potential grounds for legal action.
7. Making Decisions Without You
Your attorney is your representative, not your replacement. They should never make major case decisions without your input.
Examples of this include:
- Settling your case without your permission.
- Accepting or rejecting offers you hadn’t seen.
- Filing motions or dropping claims without your knowledge.
If your lawyer is treating your case like it’s theirs and not yours, that’s a fundamental breach of their duty to you.
Trust Your Gut—It Might Be Telling You Something Important
You don’t need to be a legal expert to know when something feels off. We’ve had many clients come to us saying, “I can’t quite explain it, but something isn’t right.” And most of the time—they’re right.
Malpractice doesn’t always start with a big explosion. Sometimes, it’s death by a thousand cuts: a string of missed calls, confusing explanations, and careless mistakes that add up to something much more serious.
Pay attention if:
- Their answers are vague or always changing.
- They seem disorganized, distracted, or unprepared.
- They make big promises that sound too good to be true.
- Their tone is rude, erratic, or completely unprofessional.
You deserve better. Your case—and your trust—matter.
What To Do If You Suspect Legal Malpractice
If you’re starting to think your lawyer may have mishandled your case, here’s what we recommend:
- Document everything. Save emails, take notes after phone calls, and track missed deadlines or questionable decisions.
- Have a direct conversation. Sometimes, a conversation can clear the air. Other times, it confirms your suspicions.
- Talk to another attorney. Get a second opinion. A fresh perspective can make all the difference.
- Act quickly. Legal malpractice claims are time-sensitive. Don’t let the statute of limitations run out.
- Protect your underlying case. If your original legal matter is still ongoing, don’t let it collapse while you figure this out.
How 1818 Can Help
When lawyers don’t do their job, clients pay the price—and we take that seriously.
At 1818, we know what legal malpractice looks like. If you’re noticing red flags in how your case has been handled, we’re here to help. We’ll review what happened, explain your rights, and help you figure out if your attorney’s mistake rises to the level of malpractice.
