Glossary
Legal malpractice
A lawyer's failure to use the skill and care a reasonable lawyer would use, causing the client a loss, such as missing a filing deadline.
General information, not legal advice. Talk to a licensed attorney in your state.
Quick answer
Legal malpractice is a lawyer's failure to use the skill and care a reasonable lawyer would use, causing the client a loss. A classic example is missing a filing deadline.
In a car accident claim#
In a crash case, the costliest mistakes usually involve time: letting the Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary run out, or missing a short Notice of claim. A written notice that must be sent to a city, county or state agency before you can sue it, often within a few months. Glossary deadline for a claim against a government vehicle. Others include settling without the client's approval; under the ABA's model rules, the client decides whether to settle.
To win a malpractice claim, a client generally must show a lawyer-client relationship, a breach of the lawyer's duty of care, and that the breach caused a real loss. That often means proving the original crash claim would have succeeded. A disappointing result alone is not malpractice.
Malpractice is a civil claim for money. It is separate from an ethics complaint, which goes to the lawyer disciplinary agency in the state where the lawyer is licensed. Our guides to changing lawyers and red flags cover the warning signs, and you can check a lawyer's license and discipline record.
Example#
Related terms#
Questions people ask
Is losing my case legal malpractice?
Not by itself. A lawyer can do competent work and still lose, or get less than the client hoped. Malpractice requires a failure of reasonable care that caused a loss.
How long do I have to bring a legal malpractice claim?
Each state sets its own deadline, and it can be shorter than for other claims. A different lawyer in your state can tell you which deadline applies and when it started.
Sources
- Cornell LII Wex, Legal malpractice — definition and the elements a client must prove
- American Bar Association, Model Rules of Professional Conduct, Rule 1.2(a) — as of October 2026
- American Bar Association, Center for Professional Responsibility, Consumer FAQs — as of October 2026
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
Keep reading
- GlossaryGlossaryShort, plain-English definitions of the legal and insurance terms that come up after a crash, each with an example, related terms and the sources behind it.
- Choosing a lawyerChanging lawyersYou can end a lawyer relationship at any time. What the first lawyer must do, how fees are usually handled when a new lawyer takes over a contingency case…
- Choosing a lawyerCheck a licenseEvery state keeps public records of the lawyers it licenses. How to look a lawyer up, read the listing, and check certification, malpractice insurance and…
- Choosing a lawyerRed flagsThe warning signs to watch for when a lawyer contacts you or asks you to sign, the professional rules and state laws behind them, and how to complain to a…
- GlossaryLiabilityLegal responsibility for harm. The driver who is liable, usually through their insurer, pays the damages.
- GlossaryLiberative prescriptionLouisiana's name for a statute of limitations: the period after which a claim can no longer be brought because it was not pursued in time.