# My Lawyer Screwed Up My Case. What Are My Rights? | Attorney Brian White **Table of Contents***[*Expand*]* 1. What Constitutes Legal Malpractice? 2. Another Way to Spot Legal Malpractice 3. What To Do if Your Lawyer Committed Legal Malpractice 4. Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![My Attorney Screwed Up My Case...What Are My Rights?](https://attorneybrianwhite.com/wp-content/uploads/2020/09/My-Attorney-Screwed-Up-My-Case.What-Are-My-Rights-300x180.jpg) One of the most important decisions you make about any legal proceeding is who will represent you. The lawyer you choose is meant to be your advocate before the court and provide you with competent legal advice. While the overwhelming majority of lawyers give a good faith effort in promoting and defending their clients’ interests, there are some instances where a lawyer might make a significant mistake or even neglect their client and their case. If this happens to you, it is important to know what you can do next. What rights do you have to competent legal representation? Can you actually sue your lawyer for [legal malpractice](https://www.justia.com/injury/legal-malpractice/) if they are negligent or botch your case? ## What Constitutes Legal Malpractice? When you enter into a contract for legal services with an attorney, you are assuming that the lawyer will offer you a certain level of representation that would be reasonable for a licensed attorney. If, through glaring omissions or costly mistakes, your lawyer fails to provide legal representation that would be expected of a licensed attorney, you might have a case against your lawyer on the grounds of legal malpractice. It should be noted, however, that losing your case does not automatically mean your lawyer was [negligent](https://www.nolo.com/legal-encyclopedia/suing-lawyer-malpractice-30192.html) or committed legal malpractice. In fact, winning a malpractice case is very difficult and requires you to prove several things. ### Duty of Care First, you need to show that your lawyer owed you a duty of care. What this means is that you had entered into a contract for legal services with your lawyer. Of all the things you need to prove in order to have a solid legal malpractice case, this is the easiest one. You can usually prove that your lawyer owed you a duty of care simply by producing your retainer agreement or contract. ### Breach of Duty of Care The next thing you need to prove is much more difficult. You need to document that your lawyer failed to meet the standard of care implied in the contract for legal services you signed with them. By failing to uphold their contractual obligations, either via neglect, errors, or omissions, your lawyer is in breach of the duty of care they owed you. ### The Breach of Duty of Care Caused Harm In addition to proving that your lawyer owed you a duty of care and that they breached that duty of care, in order to have a decent legal malpractice case, you need to prove that your lawyer’s breach of duty of care caused you harm. Examples could include your case being thrown out because your lawyer failed to work on it or meet a [particular filing deadline](https://attorneybrianwhite.com/blog/statute-of-limitations-for-texas-car-accidents/), or that your lawyer misused fees you had paid them. ### As a Result, You Sustained Damages Finally, you need to prove that the harm caused by the breach of duty of care resulted in a financial loss. Going back to the example of missing a filing deadline, if that is the case and you are no longer able to collect [damages](https://attorneybrianwhite.com/blog/types-of-damages-available-in-personal-injury-cases/), then you would have a case against your lawyer on the grounds of legal malpractice. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Another Way to Spot Legal Malpractice If you are unsure if your lawyer’s conduct constitutes legal malpractice based on the definitions above, there are additional [questions](https://www.americanbar.org/groups/litigation/committees/commercial-business/practice/2019/when-does-a-mistake-become-malpractice/) you can ask yourself. Those questions are: - Was my lawyer negligent? - Did their [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/)cause damage? - Was the damage significant? If the answer to those three questions is yes, then you may have good reason to sue your lawyer on the grounds of legal malpractice. ## What To Do if Your Lawyer Committed Legal Malpractice If you have sustained significant financial loss because of your lawyer’s negligence, then you do have the right to sue them. Obviously, one of the first things you will need to do is [hire a new lawyer](https://attorneybrianwhite.com/faqs/when-should-i-hire-a-personal-injury-lawyer/) to represent you. You and your new lawyer can go over your case and determine the best course of action. Most lawyers have malpractice insurance and the process for bringing a [claim](https://attorneybrianwhite.com/blog/claim-vs-lawsuit/) against them is similar to bringing any claim that involves an insurance company. By effectively making your case, you could convince your former lawyer and their malpractice insurance company to [settle](https://attorneybrianwhite.com/faqs/how-long-will-my-car-accident-case-take-to-settle/) before the case ever gets to court.  If, however, they do not think your case is very strong or likely to win in court, your case may be on its way to trial. Note that, if this is the case, it can take up to a year or longer before the matter is solved. [Click to contact](/contact-us/) us today ## Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / Linkedin / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/accounts/login/?next=https%3A%2F%2Fwww.instagram.com%2Fattorneybrianwhite%2F%3Fhl%3Den&is_from_rle/) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Personal Injury Blog Posts: [![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2020/12/iStock-956243400-300x200.jpg)](https://attorneybrianwhite.com/blog/how-to-spot-a-fake-lawyer/) [How to Spot a Fake Lawyer](https://attorneybrianwhite.com/blog/how-to-spot-a-fake-lawyer/) An impressive website or large, fully furnished office does not guarantee you are dealing with a licensed attorney. On [![Most Dangerous Roads and Intersections in Houston](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/most-dangerous-roads-and-intersections-in-houston/) [Most Dangerous Roads and Intersections in Houston](https://attorneybrianwhite.com/blog/most-dangerous-roads-and-intersections-in-houston/) Houston, Texas, is home to some of the most dangerous roads in the nation. Statistically speaking, drivers in [![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2020/09/houston-texas-lawyer-300x200.jpg)](https://attorneybrianwhite.com/blog/how-texas-statutes-impact-personal-injury-claims/) [How Texas Statutes Impact Personal Injury Claims](https://attorneybrianwhite.com/blog/how-texas-statutes-impact-personal-injury-claims/) Many people do not realize that laws in every state limit how much time you have to file a personal injury [![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2020/12/iStock-1202095317-300x180.jpg)](https://attorneybrianwhite.com/blog/personal-injury-settlements-myths-vs-reality/) [Personal Injury Settlements: Myths vs. Reality](https://attorneybrianwhite.com/blog/personal-injury-settlements-myths-vs-reality/) In law, a personal injury describes any damage done to someone's body, mind, or emotions. We all sustain injuries at --- Source: https://attorneybrianwhite.com/faqs/my-attorney-screwed-up-my-case-what-are-my-rights/