Legal Malpractice Claims: What Happens When You’re Harmed by Poor Legal Advice?

When you hire an attorney, you’re placing your trust—and often your future—into their hands. Whether it’s a personal injury case, business dispute, estate plan, or criminal defense, you expect your lawyer to offer solid legal advice and to represent you with diligence, honesty, and competence. 

Unfortunately, that doesn’t always happen. Sometimes, attorneys make serious mistakes that can cost you time, money, or even your freedom.

At The Nice Law Firm, we understand how devastating it can be to suffer because of a lawyer’s poor decisions. With locations in Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg, we serve clients across Indiana who have been harmed by substandard legal representation. 

If you've been wronged by the very person you hired to protect your rights, you may have the right to file a legal malpractice claim. Reach out to us to explore your options and protect what matters most.

What Is Legal Malpractice?

Legal malpractice happens when an attorney fails to perform their duties according to the standards expected in the legal profession, and that failure directly harms their client. It’s not just about losing a case or being unhappy with the result—it’s about a clear, avoidable mistake that caused you harm.

There are several ways legal malpractice can occur, including missed deadlines, failing to apply the law properly, or even acting against a client’s interests. These mistakes can affect the outcome of your legal matter and create additional financial and emotional burdens.

Common Examples of Legal Malpractice

Not every mistake qualifies as malpractice. But when an attorney’s action—or inaction—violates their duty to a client and leads to damages, a malpractice claim may be appropriate.

Here are some common ways lawyers may commit malpractice:

• Missed deadlines or statute of limitations: If your attorney fails to file your case or appeal on time, you may lose your legal rights altogether.

• Failure to communicate: Lawyers are required to keep their clients informed. Lack of communication can lead to uninformed decisions or missed opportunities.

• Inadequate legal knowledge or preparation: Giving inaccurate advice or failing to understand applicable law can be grounds for a claim.

• Conflicts of interest: Representing clients with opposing interests or failing to disclose conflicts can harm your case.

• Mishandling client funds: Using or mismanaging money held in trust for clients is a serious violation.

• Improper documentation or filing errors: Clerical or procedural mistakes that derail a case may be considered negligent.

• Failure to obtain client consent: Lawyers must consult you before taking major steps, such as settling a case.

• Abandonment or withdrawal: If your attorney drops your case without proper notice or cause, you could suffer serious consequences.

Legal malpractice can be subtle or blatant. In either case, if you suspect something went wrong, it’s worth speaking with a knowledgeable attorney to review what happened.

Proving a Legal Malpractice Claim

Legal malpractice lawsuits are often difficult to bring because the law sets a high bar for proof. You’ll need to show that your previous attorney’s actions were more than just disappointing—they were professionally unacceptable and caused you harm.

To have a valid legal malpractice claim in Indiana, you must typically prove all of the following:

• Attorney-client relationship: You must show that the person you’re accusing of malpractice was officially your attorney.

• Breach of duty: You must demonstrate that the attorney failed to act as a reasonably competent lawyer would under the circumstances.

• Causation: You’ll need to show that the lawyer’s mistake caused you to suffer a loss. This often involves proving that you would have won your case—or gotten a better result—if the attorney had done their job properly.

• Damages: There must be actual harm, such as financial loss or missed legal rights, not just dissatisfaction with the outcome.

Because these claims can be so fact-specific, it’s important to work with a law firm that takes the time to understand your situation and thoroughly assess whether malpractice occurred.

Why Clients File Legal Malpractice Claims

Filing a malpractice claim isn’t about revenge—it’s about accountability and making things right when you’ve been hurt by poor legal work. Many clients come to us after feeling ignored, betrayed, or financially damaged by someone they trusted to help them.

People often seek help with legal malpractice claims for reasons like:

• Justice and closure: Knowing that someone is willing to stand up for them gives clients a sense of peace.

• Financial compensation: If you suffered a financial loss due to legal mistakes, a malpractice claim may help you recover those losses.

• Preventing future harm: Holding lawyers accountable helps protect other people from facing the same problems.

• Correcting wrongful outcomes: In some cases, a legal malpractice suit can help you reopen a case or pursue missed legal options.

If you believe you’ve been wronged by a former attorney, you’re not alone—and you’re not without options. We help Indiana clients take the next steps with clarity and confidence.

What You Can Expect During the Process

Pursuing a legal malpractice claim involves several steps. Knowing what to expect can help you feel more prepared and in control.

Here’s what typically happens in a legal malpractice case:

• Initial review of your situation: We'll look at the case your previous lawyer handled and evaluate what went wrong.

• Gathering evidence: We’ll collect documents, emails, court records, and other materials that help build your case.

• Expert witnesses: Often, other attorneys are called to testify about what a competent lawyer should have done in your situation.

• Filing the lawsuit: If there’s enough evidence to proceed, we’ll help you formally file your malpractice claim.

• Discovery and negotiations: Both sides share information, and there may be opportunities to settle the case outside of court.

• Trial, if necessary: If a fair settlement isn’t reached, the case may go to trial.

These cases can take time, and they often involve reliving difficult experiences. We make it a priority to walk our clients through each stage with clarity, honesty, and compassion.

What Legal Malpractice Isn't

It’s important to be clear on what doesn’t qualify as malpractice. Just because your case didn’t go the way you hoped doesn’t mean your attorney committed malpractice.

Here are some situations that typically don't count as legal malpractice:

• You lost your case, but your lawyer followed proper procedure

• Your attorney made a strategic decision you disagreed with

• There was a bad outcome, but no actual damages

• You didn’t like your lawyer’s personality or communication style

Legal malpractice requires a breach of duty and actual harm. That said, if something about your prior legal experience doesn’t sit right with you, it’s worth getting a second opinion. We regularly review potential malpractice claims for Indiana clients and help them understand if they have a case.

Steps to Take If You Suspect Legal Malpractice

If you’re dealing with the aftermath of bad legal advice or poor representation, there are a few steps you can take right away to protect yourself.

Here’s what you should do if you think you’ve been harmed by your lawyer:

• Collect all documents and communications: Keep emails, letters, contracts, court filings, and billing records.

• Write down key dates and events: The timeline of your case can help identify where things went wrong.

• Don’t contact your former lawyer: Anything you say could be used against you if a lawsuit is filed.

• Get a second opinion: Reach out to a qualified legal malpractice attorney to review your case.

• Act quickly: Indiana has a statute of limitations on legal malpractice claims, so you don’t want to wait too long.

Taking these steps can give you a stronger foundation if you decide to move forward with a claim.

Statute of Limitations in Indiana

Time matters in legal malpractice cases. According to the Indiana Department of Insurance, the statute of limitations is typically two years from the date the malpractice occurred or from when you should have reasonably discovered it. However, there can be exceptions based on the facts of your case.

Waiting too long could mean you lose your right to pursue a claim altogether. That’s why it’s critical to consult with an attorney as soon as possible if you suspect legal malpractice.

Contact an Experienced Legal Malpractice Lawyer

If you believe that your former attorney made a serious mistake that cost you financially or personally, you have every right to speak up. Legal malpractice can have long-term consequences, but taking action now can help you find closure, hold the right people accountable, and recover what you’ve lost.

At The Nice Law Firm, we’re committed to helping people across Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg get the justice they deserve when legal advice goes wrong. 

We’re here to listen, to advise, and to act in your best interests. Contact us today to schedule a confidential consultation.