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Not every disappointing legal result means your lawyer committed malpractice. People often wonder, “Did my lawyer mess up, or did things just not go my way?” Sometimes cases just don’t turn out how we had hoped. However, if your attorney’s mistake costs you money, property, or a chance for justice, you deserve answers.
Understanding the difference between a bad outcome and legal malpractice is the first step toward clarity and potential compensation.
What Is a Bad Legal Outcome?
A bad outcome is exactly what it sounds like: a case that didn’t go the way you hoped. For example, perhaps you lost your case, settled for less than expected, or walked away feeling like justice wasn’t served.
This can be frustrating, if not devastating – but a bad legal outcome is not always malpractice. Even skilled lawyers lose sometimes. Dozens of factors can contribute to a bad outcome. For example, judges make unexpected rulings. Juries are unpredictable. The opposing side might have more substantial evidence or more resources.
If your lawyer prepared thoroughly, followed the law, and advocated for you (within reason), a poor result may simply be due to litigation’s unpredictable nature.
What Is Legal Malpractice?
In contrast, legal malpractice occurs when your attorney fails to meet the professional standard of care applicable to all attorneys. If that failure impacts the outcome of your case, it may be legal malpractice.
While bad outcomes can happen in any case, attorney mistakes or negligence shouldn’t. Some common examples include:
- Missing deadlines, like filing after the statute of limitations has passed
- Conflicts of interest, where your lawyer represents opposing sides or has a personal stake in the case
- Misapplying the law, such as citing irrelevant rules or misunderstanding critical procedures
- Failing to obtain your consent, like accepting a settlement without your approval
- Negligent communication, such as when your lawyer ignores you, fails to explain crucial developments, or doesn’t follow your instructions
In short, if your lawyer’s avoidable mistake costs you an opportunity or financial recovery, it may be malpractice. Furthermore, the harm from legal malpractice can lead to irreparable damage, such as money you’ll never get back or property you can’t reclaim. Your reputation and livelihood may be compromised. In some cases, an attorney’s mistake prevents their client from ever getting justice.
Not All Malpractice Is Worth Pursuing
Even if your lawyer made a serious error, not every case is worth bringing. There must be a causal link between the mistake and significant harm to move forward. For example, some errors are legally actionable but financially impractical to pursue. Others might seem outrageous but are in a legal gray area.
Speaking with an attorney who understands the difference can help you decide whether to take action. Look for an experienced legal malpractice attorney who will review your situation and explain your options.
When to Get a Second Opinion
If you suspect your lawyer dropped the ball, getting a second opinion from a legal malpractice attorney can be helpful. Ask yourself:
- Did my lawyer explain the risks and options clearly?
- Did they ignore court deadlines or procedural requirements?
- Did they seem disengaged, inattentive, or unprepared?
- Did something go wrong that I didn’t understand until it was too late?
If the answer is yes – and if the mistake had serious consequences – it may be time to speak with a legal malpractice attorney.
Stanfield Bechtel Law Can Help You Hold Lawyers Accountable
Stanfield Bechtel Law helps hold lawyers accountable. Whether you were harmed by personal injury lawyers, business lawyers, probate lawyers, immigration lawyers, or another type, we can help you pursue justice.
Our roots are in personal injury litigation, and that experience informs everything we do. We know how to fight for people who’ve been hurt, whether by a careless driver or a careless attorney.
Not every mistake is malpractice, and not every malpractice incident is worth pursuing – but it’s worth getting a second opinion from one of our seasoned lawyers. Call us today to find out whether you were a victim of legal malpractice and what we can do to help.