Legal Negligence Claims: Missed Deadlines, Conflicts, Abandonment & More
| Jurisdiction | Time Limit | Key Notes |
|---|---|---|
| California | 1 year from discovery, max 4 years from wrongful act | Tolled during continuous representation (CCP § 340.6) |
| New York | 3 years from accrual | Continuous representation tolls statute |
| Texas | 2 years from breach | Discovery rule applies |
| Florida | 2 years from discovery | May be extended in fraud cases |
Legal malpractice is unique because you must prove two things:
| Type | Example | Causation Analysis |
|---|---|---|
| Blown statute of limitations | Failed to file lawsuit before SOL expired | Prove underlying claim would have succeeded |
| Conflict of interest | Represented both sides without consent | Show harm from conflict (unfavorable terms, breach of confidentiality) |
| Abandonment | Stopped responding, missed court dates | Missed settlement, default judgment, dismissal |
| Failure to communicate | Failed to inform of settlement offers | Lost settlement opportunity worth more than result |
| Inadequate investigation | Failed to discover key evidence, witnesses | Evidence would have changed outcome |
| Failure to know basic law | Missed obvious legal argument, wrong choice of law | Correct advice would have led to different result |
| Failure to calendar | Missed response deadlines, hearing dates | Adverse ruling that would not have occurred |
Attorney malpractice cases are complex and time-sensitive. Get professional guidance on your claim, demand letter strategy, and whether you have a viable case.
Email for ConsultationAttorneys owe their clients duties of competence, diligence, communication, and loyalty under the Rules of Professional Conduct. When lawyers breach these duties—missing statutes of limitations, failing to file documents, mishandling settlements, conflicts of interest, or simply abandoning cases—clients can suffer significant harm. Legal malpractice claims require proving not only that the attorney was negligent, but that the underlying case would have been won or settled for more "but for" the attorney's errors. This "case within a case" requirement makes attorney malpractice claims more complex than other professional liability matters.
Legal malpractice claims require proving: (1) an attorney-client relationship existed; (2) the attorney breached the duty of care owed to the client (negligence); (3) causation—the negligence caused harm to the client; and (4) damages—measurable financial loss. The causation element is particularly challenging because you must prove you would have won the underlying case or achieved a better outcome absent the attorney's negligence. This "case within a case" or "trial within a trial" requirement means you essentially must try the original matter to prove what the outcome should have been. Expert testimony from another attorney is typically required to establish the standard of care.
Before filing a legal malpractice lawsuit, send a demand letter documenting the attorney's errors, calculating your damages, and requesting compensation. Most attorneys carry professional liability insurance, so the demand typically triggers an insurance claim and negotiations. Simultaneously, consider filing a complaint with the state bar. While bar discipline doesn't provide monetary compensation, it creates significant pressure—attorneys facing bar complaints often settle malpractice claims to resolve both matters. The combination of a civil demand and bar complaint gives you maximum leverage. Set a 14-21 day deadline for response before escalating to litigation.