An Experienced Trial Attorney You Can Trust

Protecting And Defending Your Legal Malpractice Rights

Q: When do mistakes rise to a lawsuit?

Legal malpractice may arise when an attorney fails to provide competent representation, breaches a professional duty, and causes measurable harm to a client. To pursue a claim, it is generally necessary to show that the attorney's actions or omissions resulted in financial loss.

Q: What should I do if I suspect my lawyer committed malpractice?

If you suspect malpractice, gather relevant records such as contracts, communications, billing statements, and court filings. Avoid making statements that could affect your claim and consider obtaining a second legal opinion to evaluate whether professional standards were breached.

Q: How long do I have to file a legal malpractice claim in Washington?

In Washington, legal malpractice claims are generally subject to a three-year statute of limitations, which may begin when the malpractice occurred or when it was discovered. Certain exceptions, such as ongoing representation, may affect the timing, making it important to assess deadlines carefully.

Q: What types of damages can be recovered in a legal malpractice case?

Damages in a legal malpractice case typically focus on financial losses caused by the attorney's conduct. These may include lost settlements or judgments, additional legal costs, and other measurable economic harm directly related to the malpractice.

When a client hires an attorney, they believe they are hiring someone who is knowledgeable and able to competently defend their rights. When they believe their case was mishandled, clients can sue their attorney for legal malpractice.

Fogarty Law Group PLLC represents clients who believe their attorney mishandled their case. We also defend lawyers who are accused of legal malpractice. The firm handles cases of alleged malpractice in Seattle and throughout Washington state.

Attorney Paul Fogarty has over 30 years of legal experience. He understands both sides of these issues. He handles cases involving:

Administrative errors
Breach of confidentiality
Breach of fiduciary duty
Fraud
Misrepresentation
Missed filing deadlines
Misconduct
Negligence
Disciplinary actions
Administrative hearings
Reprimands and suspensions
Disbarment

When Do Mistakes Rise To A Lawsuit?

Everyone, including lawyers, make mistakes. Sometimes, an attorney’s mistakes lead to a lawsuit. Legal malpractice claims using negligence must prove the lawyer:

Did not provide competent/skillful representation
Acted carelessly or made a mistake
Had a breach that caused the injury or harm
Caused a financial loss

Frequently Asked Questions On Legal Malpractice

The following FAQs address common concerns we have heard when clients believe an attorney may have acted negligently.

What should I do if I suspect my lawyer committed malpractice?

If you believe your attorney acted negligently or failed to meet professional standards, taking prompt and careful action is important. Legal malpractice claims depend heavily on timing, documentation and how the underlying legal matter was handled. Key steps to consider include:

Gathering all relevant records, such as contracts, emails, billing statements and court filings related to the representation
Avoiding direct confrontation without guidance, as statements made to the former attorney could affect a future claim
Seeking a second legal opinion, particularly from a Seattle legal malpractice lawyer who can review whether negligence occurred

Not every unfavorable outcome qualifies as malpractice. An attorney negligence claim in Seattle must show that the lawyer breached a professional duty and caused measurable harm. Consulting with an attorney familiar with Washington legal malpractice law helps clarify whether legal action is justified.

How long do I have to file a legal malpractice claim in Washington?

Washington law imposes strict deadlines on legal malpractice claims, making timing one of the most critical factors. Missing the filing deadline can permanently bar recovery, regardless of the strength of the claim.

In most cases, the statute of limitations involves:

A three-year deadline, starting when the malpractice occurred or when the harm was discovered
Application of the discovery rule, which may delay the deadline if the negligence was not immediately apparent
Exceptions based on continued representation, where the attorney continued handling the same legal matter

Because calculating the statute of limitations can be complicated, especially in ongoing cases, working with a Seattle legal malpractice lawyer early helps ensure deadlines are properly identified and preserved.

What types of damages can be recovered in a legal malpractice case?

Damages in a legal malpractice claim are designed to place the client in the position they would have been in if the attorney had acted properly. The focus is on financial loss rather than emotional harm.

Recoverable damages may include:

Lost settlements or judgments, where attorney negligence caused the client to lose a viable claim or defense
Additional legal costs, such as fees paid to correct or re-litigate the matter
Consequential financial losses, including business- or property-related harm tied directly to the malpractice

Proving damages requires showing that the original case would have succeeded but for the attorney’s misconduct. This makes legal malpractice claims particularly complex.

Experienced Counsel Defending Your Legal Malpractice Rights

There are legal, ethical and professional standards that must be fulfilled. Everyone who files a case has expectations. An attorney will not always be able to achieve the results you want. Just because they did not reach those expectations does not mean you have a legal malpractice case.

However, when an attorney does not meet those standards, you might be able to file a legal malpractice lawsuit.

The firm is prepared to represent you if you believe your attorney’s actions caused personal or professional harm. Attorney Fogarty also works with attorneys accused of legal malpractice. For experienced counsel, email our Seattle office or call us at 866-579-3049.