Problems with your lawyer
Signs Your Attorney Is Committing Malpractice
Last updated June 13, 2026
- Missing a filing deadline or statute of limitations.
- Settling or making major decisions without your authority.
- An undisclosed conflict of interest.
- Mishandling or commingling your money in the trust account.
- Going dark for weeks on a time-sensitive matter.
- Lying about the status of your case.
- Practicing while suspended or outside their competence.
attorneys are currently disbarred or suspended of record across the 41 states we track.
Source: official state bar registration rosters.
Malpractice vs. a disappointing result
Not every bad outcome is malpractice. Legal malpractice generally means the lawyer breached the professional standard of care and that breach caused you a real, measurable loss. A judge ruling against you isn't malpractice; a lawyer who blew the deadline to file your case might be.
The clearest red flags
Some failures are almost always serious: a missed statute of limitations that kills your claim, settling your case without permission, or trust-account problems with your money. These are the patterns that show up in disciplinary records and malpractice claims alike.
What to do if you see them
Document everything in writing, request a complete copy of your file, and check the lawyer's official disciplinary record for a pattern. If your matter is time-sensitive, act fast — malpractice and bar-complaint deadlines exist too. A legal malpractice attorney can tell you whether you have a claim.
Think your lawyer mishandled your case?
If a lawyer's mistakes cost you money or your case, a legal malpractice or fee-dispute attorney can tell you whether you have a claim. Start by pulling your lawyer's official disciplinary record — it's free.
Frequently asked questions
Is missing a deadline always malpractice?
Often it's the clearest example, because a missed statute of limitations or filing deadline can permanently end a claim. But the lawyer's conduct still has to have caused you a loss for a malpractice claim to succeed.
Can I sue my lawyer for malpractice?
Yes, legal malpractice is a recognized civil claim. You generally must show the lawyer was negligent and that it caused you a quantifiable harm. Malpractice claims have their own deadlines, so don't wait.
Should I file a bar complaint too?
You can. A bar complaint addresses ethics and discipline; a malpractice suit seeks to recover your losses. They're independent and you can pursue both.
Related guides
- What to Do If You Have a Problem With Your Lawyer
- How to File a Complaint Against an Attorney
- How to Check If Your Attorney Has Been Disciplined
Numbers on this page are computed from official rosters — see our data sources & methodology. This guide is part of the problems with your lawyer series.
This site republishes official public records and is not legal advice, a lawyer referral service, or a consumer reporting agency. Information here may not be used to make decisions about employment, tenancy, or credit (FCRA). Records are shown as published by their official sources and may contain errors or be out of date; consult the linked official source to verify. To correct or dispute a record, contact the licensing authority of record.