If you’re searching “how to sue my lawyer”, you’re probably frustrated, angry, and unsure what to do next.
This guide explains, in plain language, the key steps to evaluating a legal malpractice claim in Washington, D.C. and Virginia—and when it makes sense to talk with a legal malpractice attorney.
Throughout, we’ll link to more detailed information on:
- [Legal Malpractice Law – Plaintiffs in D.C. & Virginia]
- [Litigation & Personal Injury Legal Malpractice]
- [Business & Transactional Legal Malpractice]
Step 1: Confirm You Had an Attorney–Client Relationship
To sue a lawyer for malpractice, you usually must show that:
- You formally hired them (engagement letter, fee agreement, emails), or
- You reasonably relied on their legal advice in circumstances where they knew or should have known you were relying on them.
Gather:
- Engagement letters and fee agreements
- Emails and letters with the lawyer
- Billing records and invoices
- Text messages and notes from meetings
These documents help establish that the lawyer owed you a legal duty.
Step 2: Identify What Went Wrong
Next, focus on specific actions or omissions, not just feelings of unfairness. Common issues include:
- Missed deadlines or statutes of limitations
- Incorrect legal advice
- Failure to investigate, conduct discovery, or hire necessary specialists.
- Conflicts of interest (your lawyer representing both sides or having divided loyalties)
- Settling without your consent or hiding settlement offers
- Botched contract drafting or deal structuring
- Title, real estate, or due diligence errors
Write down:
What your lawyer said they would do
- What they actually did
- When you first suspected something was wrong
This helps separate frustration with a bad outcome from conduct that may be true malpractice.
Step 3: Determine Whether You Suffered Actual Damages
Courts in D.C. and Virginia generally require provable financial harm to support a legal malpractice claim. Ask:
- Did I lose a case that likely should have been won?
- Did I accept a lower settlement because of bad advice?
- Did I lose the chance to sue at all because a deadline was missed?
- Did a bad contract or deal cost me money, equity, or create unexpected liability?
- Did I pay extra to fix or redo work because of my lawyer’s mistakes?
Gather anything that shows your financial loss:
- Judgments, settlement agreements, and release documents
- Closing binders and deal documents
- Tax returns and financial statements
- Bills from successor counsel
Step 4: Understand the Statute of Limitations
“How long do I have to sue my lawyer?” is one of the most important questions you can ask—and one of the hardest to answer on your own.
In both D.C. and Virginia, strict time limits govern legal malpractice claims. The deadline may depend on:
- Whether your claim is viewed as negligence, breach of contract, or both
- When the malpractice occurred
- When you discovered or reasonably should have discovered the error
- Whether the lawyer continued representing you on the same matter
Because these rules can be complex and fact-specific, waiting to talk with counsel is risky. Even a strong malpractice claim can be barred if filed too late.
Step 5: Talk With a Legal Malpractice Lawyer
Before you try to sue your former lawyer on your own, it’s wise to consult a firm that regularly handles legal malpractice for plaintiffs in your jurisdiction.
When you contact The McGavock Reed Law Firm:
- We review your prior lawyer’s conduct with fresh eyes.
- We evaluate both the alleged malpractice and the underlying case or transaction (the “case within a case”).
- We discuss potential damages, likely defenses, and the practicality of moving forward.
In many situations, we can give you a preliminary sense of whether your situation is likely to meet the legal standards in D.C. or Virginia.
Step 6: Prepare for What a Legal Malpractice Case Involves
Suing your former lawyer is serious. You should be prepared for:
- Sharing your full file – including emails and communications that may feel personal.
- Defenses from the lawyer – they may argue the underlying case had no value, or that your own actions contributed to the outcome.
- Testifying about what happened – in a deposition and possibly at trial.
Our role is to:
- Help you weigh the costs and benefits
- Prepare you for each step
- Pursue fair compensation if the facts and law support your claim
When to Call McGavock-Reed
If you are in Washington, D.C. or Virginia and you believe:
- Your lawyer’s mistake cost you your case, or
- Bad legal advice or drafting damaged your business or investment,
then it’s time to move from searching “how to sue my lawyer” to getting specific legal advice.
Contact us for a confidential review of your former lawyer’s conduct.
Call [PHONE] or fill out our secure form. We will tell you whether your situation may qualify as legal malpractice under D.C. or Virginia law.
Contact us for a confidential review of your former lawyer’s conduct.
Call (703) 206 -6926 or fill out our secure form. We will tell you whether your situation may qualify as legal malpractice under D.C. or Virginia law.
Sitewide FAQ Block (Reusable / Adaptable)
You can drop this FAQ into a dedicated FAQ page or reuse pieces at the bottom of each malpractice page.
Legal Malpractice FAQs – Washington, D.C. & Virginia
1. What is legal malpractice?
Legal malpractice occurs when an attorney fails to act as a reasonably competent lawyer would under similar circumstances, and that failure causes the client to suffer financial harm or lose important legal rights.
2. What are the elements of a legal malpractice claim?
Most claims require:
- An attorney–client relationship (duty),
- Lawyer negligence or breach of the standard of care (breach),
- A causal connection between that breach and your harm (causation), and
- Actual financial loss (damages).
3. Is it legal malpractice if my lawyer missed a deadline or statute of limitations?
It can be. Missing a critical deadline is a serious error. To have a malpractice case, you still must show that your underlying claim had value and that the missed deadline is the reason you lost it.
4. Is a bad outcome always malpractice?
No. A bad result, by itself, does not equal malpractice. The key question is whether your lawyer’s conduct fell below professional standards and changed the outcome of your case or deal.
5. How do I know if I have a legal malpractice case?
If you believe your D.C. or Virginia lawyer’s mistakes cost you a valuable case, settlement, or deal, the only reliable way to know is to have a legal malpractice attorney review both the underlying matter and your former lawyer’s conduct.
6. How long do I have to file a legal malpractice lawsuit?
Deadlines (statutes of limitations) vary by jurisdiction and can be affected by the facts of your case, including when you discovered the problem. Because these rules are complex and missing them can end your claim, you should consult a lawyer promptly.
7. How much is my legal malpractice case worth?
The value usually depends on what you lost in the underlying matter, not just the fees you paid your lawyer. We look at what likely would have happened with competent representation and compare it to what actually happened.
8. What is the “case within a case”?
It’s the requirement to prove both that your lawyer was negligent and that, if they had done their job correctly, you likely would have achieved a better result in your original case or transaction.
9. Can you sue a big law firm?
Yes. Large firms and small firms are held to the same professional standards. What matters is whether the lawyer or firm’s conduct met the standard of care and whether that conduct caused your loss.
10. Is my consultation confidential if I’m complaining about another lawyer?
Yes. Your communications with us about potential legal malpractice are generally protected by the attorney–client privilege and kept confidential, even if you decide not to move forward.
