Your lawyer was supposed to protect you—not make things worse. If a Washington, D.C. or Virginia attorney’s mistakes cost you money, your case, or important legal rights, you may have a legal malpractice claim.
At The McGavock Reed Law Firm, we do not defend lawyers in malpractice cases. We represent plaintiffs individuals and businesses who were harmed by negligent attorneys.
Free, confidential case review for clients in D.C. & Virginia
Call (703) 206 -6926 or complete our short intake form to have your prior lawyer’s conduct evaluated.
What Is Legal Malpractice? (Plain Language)
“Legal malpractice” happens when:
- You hired or reasonably relied on an attorney;
- The attorney failed to act as a reasonably competent lawyer would have in the same situation;
- That failure caused you to lose money or an important legal right.
In most cases, this means proving four elements:
- Duty – The attorney–client relationship, or a situation where you reasonably relied on the lawyer’s legal advice.
- Breach – The lawyer did something no reasonably careful lawyer should do—or failed to do something any competent lawyer would do.
- Causation – Because of that mistake, you lost your case, lost leverage in a negotiation, or suffered a financial loss.
- Damages – The loss can be measured in real dollars: a judgment you never received, money you overpaid, a business deal that went bad, or other quantifiable harm.
A bad outcome alone is not malpractice. The question is:
Did your lawyer’s negligence change the result?
Do I Have a Legal Malpractice Case? – Quick Checklist
You may have a viable legal malpractice claim in D.C. or Virginia if:
- You hired or consulted a lawyer about a case, transaction, or legal issue
- The lawyer missed a deadline, gave incorrect advice, failed to investigate, or mishandled your lawsuit or deal.
- You lost money or an important right (like the ability to sue) as a result.
- A more careful lawyer likely would have obtained a better result for you.
If you’re asking “Can I sue my lawyer for malpractice?” or “Did my lawyer cost me my case?”, it’s worth having an independent legal malpractice attorney review what happened.
Common Types of Legal Malpractice We Handle
We focus on representing plaintiffs in serious legal malpractice claims in Washington, D.C. and Virginia, including:
Missed Statutes of Limitations and Other Deadlines
When a lawyer misses the filing deadline for your lawsuit, appeal, or key motion, a judge can dismiss your case before it’s ever heard. We handle claims involving:
- Lawsuits never filed in time
- Appeals filed late or not at all
- Late responses leading to dismissals or default judgments
- Expired claim deadlines in personal injury, employment, contract, and other matters
Failure to Investigate, Conduct Discovery, or Retain Specialist Witnesses
Your lawyer should build your case, not just show up in court. Malpractice may occur when counsel:
- Fails to interview key witnesses
- Ignores important documents or evidence
- Does not conduct adequate discovery
- Fails to hire necessary specialist witnesses (medical, financial, industry-specific) to prove your claims
Mishandled Trials and Appeals
Trial and appellate practice require planning, preparation, and careful attention to procedure. We evaluate:
- Failure to present crucial evidence
- Not objecting to improper evidence or arguments
- Misstating or misunderstanding the law
- Mishandling jury instructions
- Failing to properly preserve issues for appeal
- Negligent briefing or argument on appeal
Conflicts of Interest and Divided Loyalty
Your lawyer’s loyalty should be to you—not to the opposing party, a business partner, or another client. Conflicts can arise when:
- Your lawyer represents you and the other side in a deal
- Your lawyer’s financial interests influence their advice
- A prior or current client’s interests are favored over yours
- Your lawyer fails to fully disclose and obtain informed consent to a conflict
Settling Without Client Consent or Withholding Settlement Offers
Only you have the right to decide whether to settle your case. Legal malpractice may include:
- Settling your case without your authorization
- Failing to tell you about a settlement offer
- Misrepresenting key terms of a settlement
- Pressuring you to accept a low settlement to avoid trial or to benefit the lawyer
Transactional and Business Legal Malpractice
For businesses, investors, and professionals, malpractice often occurs outside the courtroom, in deals and transactions, including:
- Botched contract drafting or negotiation
- Title or real estate defects not caught before closing
- Poor due diligence in mergers or acquisitions
- Misadvice about regulatory, tax, or compliance issues
- Structuring deals in ways that create unexpected liability or tax exposure
If your business or investment was damaged by bad lawyering in a deal, our dedicated business & transactional legal malpractice page explains these cases in more detail.
The “Case Within a Case” – How Legal Malpractice Claims Work
To win a legal malpractice case in D.C. or Virginia, it’s usually not enough to prove that your lawyer messed up. You must also show what should have happened if the lawyer had done their job correctly.
That’s the “case within a case”:
- The malpractice case – Proving your lawyer acted negligently.
- The underlying case or deal – Proving that, with competent representation, you likely would have achieved a better result.
We evaluate both layers:
- How did the attorney fall below the standard of care?
- What was the realistic value of your original case, claim, or transaction?
- What did you actually lose because of the lawyer’s mistake?
Real-World Examples
(Details anonymized; results depend on the facts of each case.)
- Missed statute of limitations in a defamation case
A law firm missed the filing deadline in a defamation per se claim. The insurer had initially offered $5,000 to settle. After demonstrating the value of the underlying claim and the impact of the missed deadline, a $40,000 settlement was ultimately achieved. - Unauthorized divorce settlement
A client’s attorney settled his divorce case without authorization, agreeing to a support amount that was unreasonable given the circumstances. In subsequent malpractice litigation, the client recovered compensation for overpaid support and the costs of hiring new counsel.
In both situations, success depended on proving not just attorney error, but what the outcome should have been with competent representation.
Our Process for Evaluating Your Legal Malpractice Claim
When you contact McGavock-Reed about a potential malpractice claim against a D.C. or Virginia lawyer, we follow a structured review:
- Confidential Consultation
We listen to your story—what happened with your prior lawyer, what you expected, and what went wrong. - Review of the Underlying Matter
We collect and analyze the court file, pleadings, contracts, correspondence, emails, and settlement documents. - Advanced Case Analysis (When Needed)
In appropriate cases, we consult independent professional specialists to evaluate whether your lawyer’s conduct fell below the standard of care. - Damages and Case-Value Analysis
We assess the value of the underlying case or transaction—what you likely would have recovered or saved with competent representation. - Filing and Litigating the Legal Malpractice Claim
If we accept your case, we pursue claims against the responsible attorney or law firm in the appropriate court in D.C. or Virginia.
Throughout, we explain your options in clear, straightforward language and keep you informed.
Time Limits in D.C. and Virginia
Legal malpractice claims are subject to strict filing deadlines (statutes of limitations) in both Washington, D.C. and Virginia. These deadlines can depend on:
- Whether the claim is framed in negligence, breach of contract, or both
- When the malpractice occurred
- When you knew or reasonably should have known about the problem
- Whether there was ongoing representation that could affect when the clock started
Figuring out “How long do I have to sue my lawyer?” is not always straightforward. Small differences in the facts can make a big difference in the deadline.
If you suspect legal malpractice, do not wait.
Speaking with a legal malpractice lawyer promptly can help protect your rights. Waiting too long can permanently bar your claim.
Why Choose McGavock-Reed for Plaintiff Legal Malpractice
Many firms handle occasional malpractice claims. McGavock-Reed is different.
- Deep background in attorney ethics and discipline
Our practice is grounded in the rules that govern lawyers in D.C. and Virginia—professional responsibility, conflicts of interest, and lawyer discipline. - Focus on plaintiffs, not defense
We do not defend lawyers in malpractice cases. We represent clients who were harmed by their attorneys and want an independent review. - Experience with both litigation and transactional matters
We handle malpractice claims arising from lawsuits, appeals, and trials, as well as business, real estate, and transactional work. - Honest, practical assessments
Not every bad experience with a lawyer is a malpractice case. We will tell you honestly whether your situation is likely to meet the legal standards in D.C. or Virginia.
Legal Malpractice FAQs for D.C. & Virginia Plaintiffs
Use these on the core page and re-use/adapt on subpages.
Can I sue my lawyer for malpractice if I lost my case?
Maybe. A loss alone is not enough. You must show that your lawyer’s negligence, not just a tough judge or difficult facts, caused you to lose a case that otherwise likely would have succeeded or settled for more.
What is legal malpractice vs. just a bad result?
A bad result can happen even when a lawyer does everything reasonably well.
Legal malpractice involves a breach of the standard of care—for example, missing
deadlines, failing to investigate, ignoring conflicts of interest, or giving clearly incorrect advice—and a financial loss tied to that conduct.
My lawyer missed a deadline—do I automatically have a case?
Not automatically. Missing a statute of limitations or critical deadline is serious, but we still need to show:
- The underlying case had real value, and
- The missed deadline actually caused the loss of that value.
We evaluate both parts before recommending a malpractice claim.
How long do I have to sue my lawyer in D.C. or Virginia?
Filing deadlines for legal malpractice are strict and depend on the specific facts and law in each jurisdiction. Some deadlines may be only a few years—and sometimes shorter. Because the rules are complex, the safest step is to talk with a legal malpractice lawyer as soon as you think something may be wrong.
How much is my legal malpractice case worth?
The value of a legal malpractice case depends on your underlying loss, not just the amount you paid your lawyer. We look at:
- What your original case or deal was realistically worth
- What result you actually obtained (if any)
- Extra costs you incurred to fix or mitigate the damage
Your “damages” are usually the difference between what should have happened with competent representation and what actually happened.
Will I have to testify against my former lawyer?
In many cases, yes. Legal malpractice claims are lawsuits, and that often includes giving a deposition and possibly testifying in court. We prepare clients carefully for this process and discuss what to expect before any lawsuit is filed.
Do you take legal malpractice cases on contingency?
Fee arrangements vary depending on the case. In some legal malpractice matters, contingency or hybrid fee structures may be available; in others, hourly fees make more sense. During your initial consultation, we will discuss the options and what may be available for your situation.
