When you hire a lawyer, you trust them to protect your interests, meet deadlines, and guide you through a difficult legal process. Most attorneys take that responsibility seriously. But sometimes things go wrong.
Your lawyer may stop returning calls, miss deadlines, give bad advice, or mishandle your case in a way that costs you money – or even causes you to lose your claim entirely. If you believe your attorney messed up your case, you are not powerless.
Maryland law gives clients important rights, and lawyers owe their clients a professional duty of care. It is important for clients to understand their rights and what to do when legal mistakes rise to the level of malpractice. In this article, our personal injury lawyers will explain to you more about the proper steps to take.
Do Lawyers Owe Clients a Legal Duty?
Yes. In Maryland, once an attorney agrees to represent you, they owe you a duty of care. That means your lawyer must:
- Act competently
- Use reasonable skill and diligence
- Follow ethical rules
- Communicate honestly and clearly
- Put your interests first
Your lawyer does not have to guarantee a win. But they must handle your case the way a reasonably careful attorney would under similar circumstances.
Can You Sue Your Lawyer for Legal Malpractice in Maryland?
Yes. However, legal malpractice cases are challenging. Maryland courts require strong evidence. To succeed in a negligence-based case, you must generally prove four key elements:
- Duty: The attorney-client relationship existed, and your lawyer owed you a professional duty.
- Breach: Your lawyer failed to meet professional standards. This may involve negligence, missed deadlines, poor preparation, or serious legal errors.
- Causation: The lawyer’s mistake directly harmed you. This usually means the error caused you to lose a case, miss a settlement opportunity, or suffer financial damage.
- Damages: You suffered actual financial loss because of the attorney’s conduct.
In many malpractice cases, you must also prove a “case within a case.” This means that you would have won or obtained a better result if your lawyer had handled things properly.
Common Reasons Clients Sue Their Lawyers
Clients often feel frustrated long before they realize malpractice may be involved. Some of the most common issues include:
- Missing filing deadlines
- Failing to file required documents
- Poor investigation or discovery
- Not knowing or misapplying the law
- Ignoring client instructions
- Settling without client consent
- Inadequate trial preparation
- Conflicts of interest
- Dishonesty or misrepresentation
Not every mistake qualifies as malpractice. Strategy decisions and judgment calls do not automatically mean your lawyer acted negligently. But repeated errors, missed deadlines, or serious neglect may cross the line.
What Are Your Rights as a Legal Client in Maryland?
As a client, you have clear rights. You should expect your lawyer to:
- Communicate with you regularly
- Explain your legal options
- Keep you informed about deadlines and developments
- Give honest evaluations of your case
- Let you make major decisions, such as settlement approval
- Protect your confidential information
- Handle fees according to your agreement
- Act ethically and competently
If your lawyer fails to meet these basic expectations, you may have grounds to take action.
Common Questions About Lawyer Malpractice Lawsuits
Can You Fire Your Lawyer if You Lose Confidence?
Yes. In Maryland, clients have the right to fire their lawyer at any time, with or without cause. However, firing a lawyer does not automatically mean you have a malpractice case.
Before making that decision, consider:
- Whether the case can still be salvaged
- Whether another lawyer is willing to step in
- Whether deadlines are approaching
A second opinion can help you decide whether changing lawyers (or pursuing malpractice) is the right move.
Can You Get Your Case File Back After Firing Your Lawyer?
Yes. Your file belongs to you. Even if there is a fee dispute, your former attorney must provide your case materials or allow your new lawyer to obtain them with written authorization.
Are Lawyers Required To Keep Information Confidential?
Yes. Attorney-client confidentiality is a core ethical duty. Your lawyer must keep your information private, unless you give permission to share it or a narrow legal exception applies. If your attorney shared confidential information without your consent, that may support a malpractice claim or an ethics complaint.
Is Poor Communication Malpractice?
Poor communication alone usually does not qualify as malpractice. However, long-term silence, ignored deadlines, or failure to inform you of major developments can signal deeper problems.
If your lawyer stops returning calls:
- Send a written request for an update
- Ask for a meeting
- Document your attempts to communicate
If communication does not improve, you may need to change lawyers before your case suffers permanent harm.
What if My Lawyer Took Too Long and My Case Was Dismissed?
If an attorney’s delay resulted in the dismissal of your case, this may support a legal malpractice claim—especially if your lawyer missed a statute of limitations or failed to prosecute the case. To win, you must still prove that the case had real value and that the lawyer’s delay caused the loss.
Can I Sue My Lawyer if I Didn’t Get the Settlement They Promised?
Lawyers cannot guarantee outcomes. If your lawyer simply gave an optimistic estimate, that alone does not amount to malpractice. However, if your lawyer pressured you into a bad settlement, misrepresented facts, or settled without your consent, you may have a valid claim.
What if My Lawyer Settled My Case Without My Permission?
Lawyers must obtain client consent before settling. If your attorney settled without authorization, you may have grounds for legal action.
What if My Lawyer Sent Me a Huge, Unexpected Bill?
You have the right to question fees. If the bill does not match your agreement:
- Ask for an explanation
- Request a reduction if appropriate
- Consider fee arbitration
Do not pay disputed charges without understanding your legal rights.
You Have Rights and Options in Waldorf, MD
When an attorney screws up your case in Waldorf, Maryland, the damage can feel personal, stressful, and confusing. Maryland law recognizes that lawyers must answer for serious mistakes. If your confidence is gone or your case suffered because of poor representation, it’s time to get clear answers.
At Alpert Schreyer Personal Injury Lawyers, we believe clients deserve honesty, competence, and respect. If you have concerns about how your case was handled, we can provide you with a second opinion. Contact us today at (301) 932-9997 to schedule a free consultation with a Waldorf personal injury lawyer.