What to Do When Your Lawyer Messed Up

You’ve been in a car accident, you’ve hired a lawyer, and now you think your attorney screwed up your case. Maybe you feel you’re not getting the attention you deserve from a bad lawyer, or they are missing key deadlines. If you suspect your lawyer of negligence in your car accident case—whatever the reason—there are actions you can take to get a second opinion. Our car accident lawyers can provide legal advice about what to do when your lawyer messed up your case.

What Do I Do If I Suspect My Lawyer Is Negligent in My Case?

In most cases, if you are unhappy with how your lawyer is handling your car accident case, it is likely due to a breakdown of communication. Scheduling a meeting and getting a second opinion are two things you can do that can resolve most issues.

In rare cases, if your attorney fails their fiduciary duty and that breach affects the outcome of your case, you may be a victim of legal malpractice and can consider taking the next steps to sue your former lawyer.

What Are Signs Your Personal Injury Lawyer May Not Be Doing a Good Job?

There are many signs that your attorney is not doing a good job, and some common ones include:

• Not returning your phone calls or emails in a timely manner
• Failing to keep you updated on the status of your case
• Not being prepared for court hearings or depositions
• Not investigating your case or gathering evidence
• Not being aggressive in negotiations with the insurance company

What Are Examples of Legal Malpractice Cases?

More serious mistakes in handling your case that would amount to attorney malpractice include:

• Missing the statute of limitations filing deadline
• Misuse of client funds and fraud
• Padded and fraudulent billing
• Settling a case without client consent
• Material conflicts of interest
• Not responding to a dispositive motion
• Failing to add critical claims or defendants
• Repeated and prolonged failure to communicate

What Is NOT Legal Malpractice?

Some common behaviors in the legal profession that harm business and reflect a poor attorney-client relationship but are NOT malpractice include:

• Rude behavior
• Personality clashes
• Not immediately answering your phone call or email
• A bad outcome in your case
• Your attorney being friends with opposing counsel

For a deeper look at what counts as a valid legal malpractice claim (and what doesn’t), read our article” What Is Considered Malpractice for an Attorney?“

Are There Rules of Professional Conduct for Attorneys?

Every state bar association, plus the District of Columbia, requires that their attorneys follow a written canon of professional standards. In Illinois, those are called the Illinois Supreme Court Rules of Professional Conduct.

Important rules for attorney-client relationships include:

1. Competence in legal practice
2. Adherence to attorney-client privilege, as outlined in Illinois Legal Aid Organization
3. Diligence in pursuing and managing a case
4. Communication with the client
5. Safekeeping of the client’s property separate from their own

What Do I Do If I Think My Lawyer Made an Error in My Case?

Personal injury cases can take months or years, and slow progress or setbacks don’t always mean a lawyer was negligent. If you suspect malpractice:

1) Remain calm and gather the facts.

Do not jump to conclusions! Even great lawyers lose motions and even entire cases. If you think something’s wrong with your case, keep pursuing it to minimize damages. Collect facts and save all case documents.

2) Sit down and have a meeting with your attorney.

Schedule a meeting, call, or video chat with your lawyer to discuss your case and concerns. Legal matters involve wins and losses, so focus on key aspects like motions, expert testimony, and trial preparation. Regular updates during important times are helpful, but daily communication isn’t necessary.

3) Get a second opinion.

If you are still dissatisfied after your meeting, consider seeking another lawyer’s opinion for a new perspective and guidance on next steps.

4) Continue pursuing your case.

Even if your attorney committed malpractice, you cannot abandon your case. You have a duty to mitigate damages, which means continuing to pursue your case to achieve the best possible outcome—despite your former attorney’s incompetence.

This may include retaining a new law firm to see the case through.

How Do I Prove Legal Malpractice?

Proving legal malpractice is challenging—you must show not only that your lawyer was negligent, but also that this negligence impacted the outcome of your case.

To recover compensation in a legal malpractice lawsuit case, you must prove each of the following:

1. Your attorney owes you a fiduciary duty of care. If you are a client, this element will be easy to prove.
2. Your lawyer fails their fiduciary duty of care. Attorneys must follow professional ethics and use their experience, training, and education to handle your case.
3. But for the attorney’s breach, your case results would have been materially different. This element can be hard to prove. You can only recover damages if your lawyer’s incompetence impacted your case.
4. Damages: to prove damages, show how your attorney’s error lowered your case’s value. If you settled for thousands instead of a rightful million due to their mistake, you may be able to recover the difference.

I’m Not Happy with My Personal Injury Lawyer—What Can I Do?

If you’re unhappy with your legal representation, it may be time to seek a second opinion from another attorney. At The Kryder Law Group, LLC Accident and Injury Lawyers, our legal malpractice lawyers offer free consultations to review your situation, determine if we can take over your accident case, and advise whether or not you have a legal malpractice claim.