What Counts as Legal Malpractice? Common Mistakes That Lead to Lawsuits

Hiring an attorney means placing your trust in someone to protect your rights, guide you through high-stakes situations, and advocate for your best interests. But what happens when that trust is broken—not by an unfavorable outcome, but by genuine errors, carelessness, or unethical behavior?

Legal malpractice can have devastating consequences. It can cost you money, your freedom, your business, or even custody of your children. 

At The Nice Law Firm, we work with individuals across Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg who have been harmed by poor legal representation and are seeking justice through a legal malpractice claim.

If you believe your attorney's mistake caused serious harm to your case or your life, reach out to us today to discuss your options.

When Mistakes Become Malpractice

Not every unfavorable legal outcome constitutes malpractice. Sometimes, even good attorneys lose cases. The law can be unpredictable, and no attorney can guarantee success. But there’s a difference between an unfavorable outcome and a failure to meet the professional standards of the legal profession.

Legal malpractice happens when an attorney’s actions—or failure to act—fall below the standard of care and directly cause harm to the client.

For a legal malpractice claim to move forward, the following must typically be proven:

• An attorney-client relationship existed

• The attorney breached their duty of care

• That breach caused actual harm

• You suffered measurable damages as a result

Proving all four elements isn't easy, but when malpractice has occurred, the consequences can be life-altering.

Common Forms of Legal Malpractice

There are several recurring mistakes that often lead to legal malpractice lawsuits. These aren’t just minor missteps—they’re serious violations of the duties attorneys owe to their clients.

Below are common types of legal malpractice that can form the basis of a lawsuit:

• Missed deadlines: Failing to file a lawsuit, appeal, or other key document within the statute of limitations or court deadline. This kind of mistake can result in a case being permanently dismissed, leaving the client with no legal recourse.

• Conflict of interest: Representing parties with conflicting interests or failing to disclose personal or financial conflicts. When attorneys put their own interests—or those of another client—ahead of yours, it can severely compromise your case.

• Failure to know or apply the law: Misinterpreting the law, using incorrect legal procedures, or giving wrong legal advice. Clients rely on attorneys to provide sound legal guidance, and even basic errors can cause irreversible damage.

• Poor communication: Failing to return phone calls, provide updates, or get informed consent for major decisions. Without clear and timely communication, clients are left in the dark and may unknowingly agree to unfavorable outcomes.

• Inadequate investigation: Not reviewing key documents, failing to gather evidence, or overlooking critical facts. A lack of preparation can mean vital information is missed, weakening the client's position or preventing a proper defense.

• Improper withdrawal from a case: Abandoning a client without proper notice or court approval. This leaves clients unrepresented at critical moments and may violate both ethical and procedural rules.

• Settling without consent: Agreeing to a settlement or legal decision without the client’s permission. An attorney has no right to make binding decisions on a client’s behalf without their clear, informed approval.

• Mishandling money or client funds: Failing to keep client funds in a separate trust account or misappropriating money. This isn't just malpractice—it can be a serious ethical violation that leads to disbarment or even criminal charges.

These errors don’t just jeopardize cases—they can ruin reputations, businesses, families, and futures. At The Nice Law Firm, we hold negligent attorneys accountable for these violations.

What Isn't Considered Legal Malpractice?

Many people are understandably frustrated when they lose a legal battle, especially when the stakes are high. But not every loss is malpractice.

Here are a few examples of what typically doesn't qualify as legal malpractice:

• Losing a case after presenting a good-faith argument

• A judge or jury making an unfavorable decision

• Strategic choices that didn’t work out as hoped

• A personality conflict with your attorney

• Honest mistakes that didn’t cause measurable harm

In order for a legal malpractice claim to succeed, you must be able to show that your attorney’s actions fell below the standard expected of a reasonably competent attorney in similar circumstances—and that those actions caused direct harm to your case.

If you’re unsure whether what happened to you counts as malpractice, we can help evaluate your situation and determine the best way forward.

Warning Signs Your Attorney May Have Committed Malpractice

Sometimes it’s obvious that something went wrong. Other times, the signs are subtle. If you're wondering whether your former lawyer crossed the line from “bad service” to “legal negligence,” there are some red flags to watch for.

Here are warning signs that may indicate legal malpractice:

• Your case was dismissed due to a missed filing or deadline

• Your attorney failed to show up to court or important meetings

• You weren’t consulted before major decisions were made

• You were pressured into a settlement you didn’t agree with

• Your attorney seemed unfamiliar with the relevant laws or facts

• You discovered your lawyer had a conflict of interest you weren’t told about

• You lost your case and later learned important evidence wasn’t submitted

If any of these sound familiar, it may be time to talk to a different attorney—one who can assess whether legal malpractice occurred and help you take the next step.

Proving a Legal Malpractice Claim

Legal malpractice cases are tough. Not only do you have to prove that your former attorney made a serious error, but you also have to show that this mistake directly caused you harm—often called the “case within a case” requirement.

Here’s what’s generally needed to prove legal malpractice:

• Proof of the attorney-client relationship: Contracts, emails, or billing records showing the lawyer represented you.

• Proof of negligence or misconduct: Documents, communications, or expert testimony showing the attorney failed in their duties.

• Proof of causation: You must demonstrate that you would have won or gotten a better result if the attorney hadn’t made the error.

• Proof of damages: Financial loss, lost legal claims, or other measurable harm that directly resulted from the attorney’s actions.

In many cases, expert witnesses (often other attorneys) are needed to testify about the legal standard of care and how it was breached.

We help clients build strong, fact-based legal malpractice claims—starting with a detailed review of what happened, when it happened, and how it hurt you.

Damages You May Be Entitled to Recover

If your legal malpractice claim is successful, you may be able to recover compensation for the harm caused by your former attorney’s actions. The goal of these claims is to make you “whole”—as if the malpractice had never occurred.

Common types of damages in legal malpractice cases include:

• Lost compensation or settlements you would have received

• Legal fees paid to the negligent attorney

• Emotional distress in certain cases, especially when tied to major life impacts

• Punitive damages in cases involving fraud or extreme misconduct

• The cost of fixing legal mistakes, such as re-filing cases or correcting judgments

The damages you can recover depend on the specifics of your situation, the kind of case you lost, and what the outcome should have been if your attorney had acted responsibly.

Speak to a Compassionate Legal Malpractice Lawyer

If your attorney let you down and you paid the price, you don’t have to suffer in silence. Legal malpractice can feel like a second injury—but you may have the right to seek compensation and hold the wrongdoer accountable.

At The Nice Law Firm, we serve individuals and families across Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg who need strong, honest, and capable representation in legal malpractice claims.

We’re here to help you move forward with clarity and confidence. Contact us today to schedule a confidential consultation and determine if your case may qualify for a legal malpractice lawsuit.