Your lawsuit was supposed to be your chance to be heard. Instead, you may feel your lawyer gave up, cut corners, or cost you your case.
At The McGavock Reed Law Firm, we represent plaintiffs in litigation-related legal malpractice claims in Washington, D.C. and Virginia, including personal injury, business disputes, and other civil matters.
When a Bad Lawsuit Outcome Becomes Legal Malpractice
Not every loss in court is malpractice. Judges disagree. Juries can be unpredictable. Sometimes the facts simply aren’t on your side.
A lawsuit outcome becomes a potential legal malpractice case when:
- Your lawyer’s mistakes were not just strategic—they fell below the standard of a reasonably competent trial lawyer; and
- Because of those mistakes, you likely lost a case, or accepted a much lower settlement, that otherwise had real value.
Examples include:
- Your case is dismissed for a missed deadline.
- Your lawyer never calls key witnesses or presents crucial evidence.
- Your attorney settles your claim without your consent.
- Your lawyer fails to appeal, even after promising to.
If you are wondering “Can I sue my injury lawyer for malpractice?”, the first step is to have an independent firm review your court file and the lawyer’s conduct.
Common Litigation Malpractice Scenarios We Handle
Lawyer Missed Statute of Limitations or Critical Deadlines
Some of the most serious litigation malpractice involves missed timelines:
- Filing the lawsuit after the statute of limitations expired
- Failing to serve the defendant in time
- Missing deadlines for motions, discovery, or responses
- Allowing a default judgment to be entered against you without action
Courts in D.C. and Virginia treat these deadlines very seriously. When they’re missed, the client—not the lawyer—often pays the price. We investigate whether your attorney’s failure to act cost you a valid claim.
Failure to Investigate or Conduct Discovery
A strong case is built long before trial. Malpractice may occur when a lawyer:
- Never interviews key witnesses
- Ignores documents the client told them about
- Fails to request medical records, business records, or other critical evidence
- Does not pursue discovery from the opposing side
If you felt your lawyer “did nothing” to build your case, that may be more than just frustration—it may be negligence.
Failure to Retain Necessary Specialist Witnesses
In many personal injury, medical malpractice, product liability, and professional negligence cases, testimony from qualified specialist witnesses is required. Legal malpractice may arise when a lawyer:
- Fails to consult with qualified specialist witnesses at all
- Chooses unqualified or unprepared specialist witnesses
Misses disclosure deadlines for key witnesses, leading to exclusion of critical testimony
Without proper specialized witness support, judges or juries may never hear the evidence they need to rule in your favor.
Mishandling Settlement Offers or Settling Without Consent
Your attorney must communicate settlement offers and give you enough information to make an informed decision. Potential malpractice includes:
- Not telling you about a settlement offer
- Misstating the value or terms of a settlement
- Settling your case without your clear authorization
- Pressuring you to accept a low offer to avoid trial or benefit the firm
If you believe your lawyer sold your case short or made decisions without your consent, your rights may have been violated.
Mishandled Appeals or Failure to Appeal
- Failing to file a notice of appeal on time
- Not properly preserving issues at trial
- Poorly drafted briefs that omit strong arguments
- Missing oral argument or failing to follow appellate rules
The “Case Within a Case” in Lawsuit Malpractice Claims
To win a litigation malpractice case, you must prove that:
- Your prior lawyer was negligent in handling your lawsuit; and
- If your case had been handled correctly, you likely would have:
- Won at trial,
- Achieved a better settlement, or
- Avoided a judgment or order against you.
We reconstruct what should have happened in your original personal injury, commercial, or other civil case. That often means:
- Reviewing pleadings, motions, and court rulings
- Analyzing medical records, business records, or other underlying evidence
- Comparing your result to what a properly handled case would likely have achieved
How McGavock-Reed Builds Litigation Malpractice Cases
In D.C. and Virginia lawsuit-related malpractice matters, we typically:
- Rebuild the court file – We obtain the full docket, pleadings, orders, and transcripts to understand exactly what occurred.
- Analyze your underlying claims – We evaluate the strength and likely value of your original case.
- Review your lawyer’s choices – We identify missed deadlines, neglected evidence, and strategic decisions that fell below professional standards.
- Consult independent specialists where helpful – Experienced litigators can help establish how a reasonably competent lawyer would have handled the matter.
- Model your damages – We quantify what you lost because of the malpractice.
