Legal cases are draining and involve significant time, effort and emotional investment. When your attorney fails to settle your case, it can be extremely frustrating and disheartening, as you may feel that your legal concerns are not being addressed effectively.
If you believe your lawyer mishandled your case by failing to secure a settlement when it was a reasonable option, you might be wondering whether you have sufficient grounds for a legal malpractice claim.
Grounds for suing your attorney over a failed settlement
To sue your attorney for failing to settle your case, you must prove that their actions or inactions amounted to legal malpractice. Legal malpractice occurs when an attorney fails to meet the expected standard of care, causing harm to their client. You need to establish the following elements:
- Breach of duty: You must demonstrate that the attorney breached their duty of care by failing to handle your case competently. This includes not communicating settlement offers, not pursuing reasonable settlement discussions or neglecting to act in your best interest.
- Causation: You need to show that the attorney’s failure to settle directly caused harm to your case. For instance, if a favorable settlement offer was not conveyed to you and you ended up with a less favorable outcome, this could be considered harm resulting from the attorney’s negligence.
- Damages: You must prove that you suffered financial or other measurable harm due to the attorney’s breach of duty. This could involve the difference between the settlement you might have received and the final outcome of the case.
- Attorney-client relationship: You must establish that an attorney-client relationship existed. This relationship obligated the attorney to act in your best interest and uphold their duty of care.
Legal malpractice cases can be complex and challenging to prove. Seeking legal guidance is essential to evaluate your case and determine your options.