A claim that a lawyer's negligence or breach of duty cost the client money, which usually requires proving the client would have done better in the original matter.
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Legal malpractice is a negligence claim against a lawyer. The client must show that a lawyer-client relationship existed, that the lawyer failed to use the skill and care a reasonably competent lawyer would use, and that the failure caused a real loss. Common examples are missing a filing deadline, failing to file a claim at all, conflicts of interest, giving advice no competent lawyer would give, and mishandling client money. A lawyer can also be liable for breach of fiduciary duty, for example by putting their own interests ahead of the client's.
Causation is the hard part. The client usually has to prove the case within a case: that without the lawyer's error they would have won or obtained a better result in the original matter, and by how much. In many states a former criminal defendant suing their defense lawyer must also show they were exonerated or actually innocent, not just that the lawyer erred (for example, Wiley v. County of San Diego, 19 Cal. 4th 532 (1998)). A bad outcome alone is not malpractice: a reasonable strategic judgment that did not work is generally not actionable.
Other remedies are separate from a malpractice suit. A complaint to the state disciplinary authority can lead to discipline of the lawyer but does not compensate the client. Many state bars run fee arbitration programs for fee disputes, and client protection funds that can reimburse money a lawyer stole. Under the ABA Model Rules, a lawyer may not make an agreement prospectively limiting their malpractice liability unless the client is independently represented in making it (Model Rule 1.8(h)(1)), and on termination a lawyer must take reasonable steps to protect the client's interests, including surrendering papers and property the client is entitled to (Model Rule 1.16(d)).
Ask for your complete file in writing, and keep every letter, email, bill and court paper. Talk to a lawyer who handles legal malpractice claims promptly, because the limitation period is often short and may start when you knew or should have known of the error, and some states pause it only while the same lawyer keeps representing you on the matter. If the original deadline may still be open, a new lawyer may be able to fix the problem before it becomes a loss.
Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.
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Other entries in the same area of law, each written from the same primary sources.