My Attorney Screwed Up My Case…What Are My Rights?
*Disclaimer: Zaner Law Personal Injury Lawyers does not handle attorney malpractice cases. However, we do help clients who still need representation for their personal injury claims — even if a previous attorney made errors or failed to move the case forward.
Unfortunately, sometimes, things don’t go well in attorney-client relationships. When lawyers take on cases in areas they’re unfamiliar with or represent more clients than they can handle, problems arise.
In some cases, lawyers make mistakes that significantly impact a client’s right to recover. That can leave a person feeling that their lawyer, rather than helping them, is actively working against them, and they may wonder, “What to do if your attorney is working against you?” — even if this isn’t the case.
This is stressful for clients already trying to deal with a legal matter. Many people are overwhelmed by bad lawyers and don’t know what to do.
The good news is that clients do have rights when their attorneys mess up their cases. Below is an overview of what you can do if your attorney screws up your case.
What Are Your Rights As a Client?
If you’re unhappy with your lawyer’s work, it’s important to know your rights as a client. This will help you create a strategy to get your case back on track.
As a baseline, clients have a right to:
- Legal advice for their situation
- Updates on the status of their case and upcoming important dates
- An opportunity to approve the case strategy and make basic decisions about the case
- A reasonable assessment of how much the attorney is going to cost
- Updates on any changes, delays, or setbacks in the case
- Be prepared for the case — for example, preparation before a deposition or trial testimony
If your lawyer is not meeting these basic requirements, it could be time to make a change.
Clients have a few options when they’re unsatisfied with their lawyer’s work:
- Schedule a meeting, discuss frustrations, and create a plan to improve the results going forward
- Fire the attorney
- File a legal malpractice lawsuit against the attorney
We’ll discuss these options below to help clients decide the right strategy for their situation.
Can I Sue My Lawyer for Legal Malpractice?
While all lawyers make mistakes, if your lawyer makes a significant mistake that impacts your right to recovery, you could have a legal malpractice lawsuit against them. If the attorney makes a “grievous error,” it could be a case of legal malpractice.
Clients have to have significant evidence of negligence or intent to harm to successfully bring a case of legal malpractice. Legal malpractice lawsuits are not easy to win. In most situations, they are brought as negligence cases.
In these cases, the client has to prove:
- The attorney owed the client a duty of care.
- The attorney breached their duty by acting unreasonably or not doing what they were hired to do.
- The attorney’s negligence was the direct and proximate cause of the client’s losses.
- The client suffered financial losses because of the attorney’s breach.
To show that an attorney breached the duty of care, the client must show that their attorney did not act as a reasonable attorney would under the same circumstances.
While a breach is not easy to prove, causation is often the most difficult element of a legal malpractice lawsuit. The client must show that the attorney’s conduct caused their financial loss. Given the many factors involved in lawsuits, this isn’t easy.
If you’re unsure whether you have a legal malpractice case, contact a local personal injury attorney. A lawyer experienced in these cases will analyze your situation and discuss your rights.
Common Reasons Clients Sue Their Attorneys
While each case has unique facts, some common mistakes result in legal malpractice lawsuits.
Some of the most common issues in legal malpractice cases are:
- Failure to file the case within the statute of limitations
- Not knowing how to apply the applicable law
- Failing to complete adequate discovery
- Inadequate investigation of the case
- Failure to comply with court deadlines
- Failure to file documents
- Fraud
- Procrastination
If you believe your lawyer has committed a grievous error that impacted your financial recovery, seek legal representation as soon as possible.
Frequently Asked Questions By Clients Unhappy With Their Lawyers
To help make the process as easy as possible, here are answers to some frequently asked questions.
- Can I fire my lawyer? Yes, clients always have the right to fire their attorney. While there’s a high burden of proof for legal malpractice cases, clients have a right to fire their lawyers at any time. If you do fire your lawyer, make sure you get authorization to allow your new attorney to access the documents in your case.
- Is it malpractice if my lawyer isn’t returning my phone calls? In most cases, failure to return phone calls isn’t malpractice. However, depending on the situation, it could be a communication error significant enough to bring a malpractice case. At the very least, it’s a warning sign that there are problems. Be proactive if your lawyer isn’t responding. You can send an email, write a letter, or contact someone else in the office to express your concerns. It’s often a good idea to schedule a meeting to discuss the attorney’s conduct and get updates on the case. Depending on how the attorney responds, you might be able to salvage the relationship and feel comfortable that the case is on track.
- Can I sue if my award is significantly less than the attorney estimated? A damage award lower than the expected recovery is not necessarily evidence of malpractice. If you believe the attorney’s conduct impacted your award, you can ask for your file and get a second opinion. Another lawyer can evaluate your case to help you decide if there’s a malpractice action.
- Can I sue my lawyer if my case is settled without my consent? Yes, in most cases, you can sue for malpractice if your lawyer settles without your consent. Clients have a right to approve settlements and make major decisions about their cases.
It is difficult to deal with a lawyer who is not doing their job or who has messed up your case.
Contact a Denver Personal Injury Lawyer to Discuss Your Rights
If another attorney’s mistakes affected your personal injury claim, you may still have paths forward. Speaking with a different lawyer can help you understand what went wrong, what deadlines remain, and whether your underlying injury case can be salvaged.
Zaner Law Personal Injury Lawyers does not handle legal malpractice claims. However, if you still need representation for your personal injury matter, our team is here to review your situation and determine whether we can help you move forward.
Call us at (720) 613-9706 today, schedule a free consultation online, or visit our Denver personal injury office.
