Complete Legal Malpractice Lawsuit Guide

If you trusted a lawyer with your case and now think a mistake cost you, such as a missed deadline or a settlement you never agreed to, it’s normal to feel angry and unsure whom to trust.

Here’s the short answer: you can sue a lawyer for malpractice, but losing isn’t enough. You generally must prove that you were the lawyer’s client, that the lawyer fell short of the care a reasonably careful lawyer would use, and that this caused you a real loss. If the mistake cost you a lawsuit, that usually means proving you would have won it. Sometimes a grievance, fee arbitration or the State Bar’s Client Protection Fund fits better.

The hard part is the process itself: you usually have to prove two cases at once, and the deadline to sue can pass while you’re still dealing with the first. In Michigan, it’s generally two years from when the lawyer stopped working on your matter, or six months from when you discovered (or should have discovered) the claim if that’s later, and never more than six years after the mistake (MCL 600.5805(8), 600.5838, 600.5838b). The boxes marked “In Michigan” give Michigan’s rules as of September 2026.

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What do you have to prove to sue a lawyer for malpractice?

Legal malpractice means a lawyer breached the duty of care owed to a client, harming the client, and states word the elements differently (Cornell Law School’s Legal Information Institute). In Michigan, you must prove four things (Simko v Blake, 1995; Coleman v Gurwin, 1993):

1. A lawyer-client relationship. Most of a lawyer’s duties attach once you’ve asked for legal services and the lawyer has agreed, and whether a relationship existed “can depend on the circumstances and may be a question of fact” (Michigan Rule of Professional Conduct, or MRPC, 1.0, comment).
2. Negligence, measured against “an attorney of ordinary learning, judgment, or skill under the same or similar circumstances.”
3. Proximate cause: the mistake caused your loss.
4. The fact and extent of the injury: a real, measurable loss.

Is every mistake malpractice?

No. Under Michigan law, a lawyer needn’t “insure or guarantee the most favorable outcome possible,” and “mere errors in judgment” generally aren’t malpractice when the lawyer acts in good faith with reasonable care (Simko). In Simko, a suit over a criminal defense, the client spent more than two years in prison before his conviction was reversed, yet the lawyer’s choice of witnesses was a trial tactic, and “tactical decisions do not constitute grounds for a legal malpractice action.” A missed deadline is a different kind of error: when a lawyer overlooks a statute of limitations, “the client’s legal position may be destroyed” (MRPC 1.3, comment).

Expect to need another lawyer as an expert witness on the standard of care, unless the breach is obvious enough for jurors to judge, such as not telling a client about settlement offers (Beattie v Firnschild, 1986). Beattie and Schlumm (below) are Court of Appeals decisions from before November 1990, which that court’s later panels don’t have to follow (MCR 7.215(J)(1)).

What is the “case within a case”?

Causation is often the most troublesome element (Charles Reinhart Co v Winiemko, 1994). In Michigan, when a mistake cost you a lawsuit, you must show that “but for the attorney’s alleged malpractice,” you “would have been successful in the underlying suit”: in effect, “proving two cases within a single proceeding” (Coleman). The Michigan Supreme Court has said this “suit within a suit” applies in a limited number of situations, such as a missed statute of limitations, a judgment entered because a lawyer failed to appear, or an appeal a lawyer failed to perfect, and that it keeps damages “more than mere speculation” (Coleman).

Damages usually match the lost case: the claim’s value if you were suing, or the judgment against you if you were sued (Coleman). You needn’t always show you’d have won outright: a client who says the lawyer’s negligence made a verdict against them bigger needn’t prove they would have prevailed completely (Schlumm v Terrence J O’Hagan, PC, 1988).

A missed deadline doesn’t win the case by itself. In Manzo v Petrella (2004), a doctor’s whistleblower claim was filed after its 90-day deadline, yet his malpractice suit failed: the Court of Appeals held the claim would have lost anyway, because the hospital committee he reported to wasn’t a “public body” under Michigan’s Whistleblowers’ Protection Act.

What mistakes lead to legal malpractice claims?

Mistakes like these can lead to a claim, with the Michigan rule or case that applies:

• Missed deadlines: a statute of limitations, a court deadline or an appeal (Coleman). In Winiemko, a lawyer’s late brief got a client’s appeal dismissed.
• Neglect: a case left to sit (MRPC 1.1(c), 1.3).
• Settling without your OK, or not telling you about offers (MRPC 1.2(a), 1.4(a)).
• Getting the law wrong, as opposed to a reasonable judgment call that didn’t work out (Simko).
• Conflicts of interest you weren’t told about or didn’t agree to (MRPC 1.7).
• Mishandling your money (MRPC 1.15).

Can you sue your criminal defense lawyer?

Yes. In Michigan, you needn’t get the conviction overturned first: “successful postconviction relief is not a prerequisite” to the claim (Gebhardt v O’Rourke, 1994). But these claims are hard:

• An appeal doesn’t pause the clock. The two years run from the lawyer’s last day in the criminal case, and a client who has started post-conviction proceedings should generally know enough to have discovered a possible claim. The Michigan Supreme Court’s answer: sue on time, then ask the court to put the suit on hold until the criminal case ends (Gebhardt).
• A guilty plea is a major obstacle. In one case, the Court of Appeals said a client who had pleaded guilty couldn’t then claim he was innocent, and it held that his plea, not his lawyer’s alleged negligence, caused his prison sentence, since he hadn’t claimed he’d have gotten a lighter one otherwise (Schlumm).
• An earlier ruling can block the claim. If the criminal courts fully and fairly decided you had effective assistance of counsel, the lawyer can use that ruling against a malpractice claim on the same issues (Schlumm).

Other states differ: California gives a plaintiff who must prove “factual innocence” two years after exoneration to sue (Cal. Code Civ. Proc. § 340.6(a)). These Michigan decisions date from 1988 to 1995, so ask a Michigan lawyer how later cases apply them.

How long do you have to sue a lawyer for malpractice?

Each state sets its own deadline, and it can start running before you know anything went wrong.

A made-up example: your lawyer makes the mistake in 2025, and their last day on your case is June 1, 2026, so the two-year deadline is June 1, 2028. If you couldn’t reasonably have learned of the mistake until May 1, 2028, you’d have until November 1, 2028.

Other states, as of September 2026:

Exceptions can apply, so check with a lawyer licensed in the state where your case was handled.

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Malpractice suit, grievance, fee arbitration or the Client Protection Fund: which fits?

They do different jobs, and more than one can apply:

If the dispute is over the bill, ask for a full accounting of money the lawyer held for you (MRPC 1.15(b)(3)); in a Michigan injury case, the fee can’t exceed one-third of the recovery after case costs (MCR 8.121). See how injury lawyers’ fees work.

What ethics rules does your lawyer have to follow?

Michigan’s rules were “largely drawn from” the American Bar Association’s Model Rules (MRPC 1.0, comment), which bind lawyers only where a state adopts them (Legal Information Institute). The key duties:

Breaking a rule doesn’t by itself give you a claim for money. Michigan’s rules “do not, however, give rise to a cause of action for enforcement of a rule or for damages caused by failure to comply with an obligation or prohibition imposed by a rule,” and “are not designed to be a basis for civil liability” (MRPC 1.0(b) and comment).

Does your lawyer have malpractice insurance, and whom can you sue?

A claim is only worth what can be collected. Michigan, “like the majority of states,” doesn’t require malpractice insurance, but you can ask whether your lawyer has it and what the limits are (State Bar of Michigan). Oregon requires lawyers in private practice with a principal office there to carry coverage through the Oregon State Bar’s Professional Liability Fund, which says Idaho is the only other state that requires it (ORS 9.080(2); Oregon State Bar Professional Liability Fund). Idaho requires lawyers with private clients to show coverage of at least $100,000 per occurrence and $300,000 a year (Idaho Bar Commission Rule 302(a)(5)).

In Michigan, a lawyer at a professional corporation or PLLC stays personally liable for their own negligence and for that of people under their direct supervision and control, and the firm is liable up to the full value of its property (MCL 450.1285, 450.4905). Check your fee agreement, too: a clause limiting the lawyer’s malpractice liability is allowed only if permitted by law and you had your own lawyer for that agreement (MRPC 1.8(h)(1)), and an arbitration clause needs your informed consent in writing (MRPC 1.19).

What happens if you sue your lawyer?

In Michigan, a lawsuit starts with a complaint filed in court (MCR 2.101(B)). Each side shares its evidence and may question the other under oath in a deposition (MCR 2.302, 2.306). Before any trial, the court may send the case to case evaluation, where a three-person panel values it (MCR 2.403), or to mediation (MCR 2.411).

What to do next

1. Write down what happened: dates, what the lawyer told you and the deadlines you were given. Keep every letter, email, bill and court paper.
2. Ask for your file in writing. In Michigan, when a representation ends, the lawyer must take reasonable steps to protect you, including “surrendering papers and property to which the client is entitled” (MRPC 1.16(d)). If your lawyer dropped your case, see what to do when a lawyer withdraws or turns you down.
3. Find both deadlines: the one for suing the lawyer, and any that could still save the original claim. See injury deadlines in every state and every Michigan injury deadline.
4. Talk to a different lawyer before you fire your current one, as the State Bar of Michigan suggests, and before you sign anything. Ask about experience with legal malpractice claims; bring the questions to ask before you hire a lawyer. The State Bar’s Lawyer Referral Service can help you find one. If the original case was an injury claim, get a free case review, or in Michigan, compare injury firms in our lawyer directory.
5. Don’t sign a release or take money from your old lawyer without independent advice. If you don’t have your own lawyer, Michigan’s rules require your old lawyer to advise you in writing that independent representation is appropriate before settling a malpractice claim with you (MRPC 1.8(h)(2)).

What waiting can cost

• Your claim against the lawyer, once Michigan’s two-year, six-month and six-year limits pass (MCL 600.5805(8), 600.5838, 600.5838b).
• The chance to fix the original case: an appeal of right in a Michigan civil case generally must be filed within 21 days of the judgment or order (MCR 7.204(A)(1)).

What a good outcome looks like

A lawyer with no part in the original case has read your file and told you plainly whether there was a mistake, whether it cost you something you can prove, and when your deadline falls. If there’s a claim, it’s filed on time; if a grievance, fee arbitration or the Client Protection Fund fits better, you’ve used it knowing its limits. From wondering whether your lawyer let you down to knowing what happened, what it cost you and what you can still do about it.

For more on working with a lawyer, see how to choose the right lawyer for your case, how personal injury lawyers get paid and what a lawyer’s verdicts and settlements tell you.

Updated September 29, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.