FAQ

Should I sue my lawyer?

Q: Is it difficult to bring a legal malpractice claim?

A: Yes. Bringing a legal malpractice claim can be challenging because the law sets a high bar for holding an attorney liable. 

Q: What do I have to prove in a legal malpractice case?

A: You must establish several elements: 

  • A violation of the standard of care: The attorney failed to act as a reasonably competent lawyer would under similar circumstances. 
  • Causation: The attorney’s failure must have directly harmed your underlying case. 
  • Damages: You must show measurable losses resulting from the attorney’s conduct. 

Q: Does every bad outcome qualify as malpractice?

A: No. Not every unfavorable result constitutes malpractice. Attorneys are allowed to make reasonable professional or strategic judgments, even if those decisions do not ultimately succeed. 

Q: How does contributory negligence affect my ability to recover?

A: In jurisdictions such as the District of Columbia and Virginia, the doctrine of contributory negligence applies. This means that if a client is found to have contributed to the problem, they are typically barred from recovering damages. 

Q: Does the firm pursue legal malpractice cases?

A: Yes. Valid legal malpractice claims do exist, and our firm does pursue them. However, these cases are often complex and highly dependent on the specific facts of each situation. 

Should I sue my lawyer?

Use of this website does not in any manner constitute an attorney‐client relationship between Kaiser PLLC and the user. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. If you are seeking specific legal advice or assistance, you should retain an attorney who understands your specific situation and your needs. The materials on this website do not constitute legal advice and are not guaranteed to be up‐to‐date or complete.