Best Legal Malpractice Lawyers in Missouri

About Legal Malpractice Law in Missouri, United States

Legal malpractice law in Missouri is designed to protect clients from harm caused by the negligence, misconduct, or breach of fiduciary duty by attorneys. When lawyers fail to provide services that meet the accepted standard of care for their profession, and that failure results in financial harm or loss to their clients, those clients may have grounds to file a legal malpractice claim. Missouri courts evaluate whether the attorney's actions or inactions directly caused a negative outcome or damages to the client in order to determine liability.

Why You May Need a Lawyer

People seek help from a legal malpractice attorney in a variety of circumstances. Common situations include:

• Missing critical deadlines, such as statutes of limitations, resulting in dismissal of your case
• Failing to file documents correctly or on time in court
• Conflicts of interest, such as representing clients with opposing interests without appropriate disclosure
• Providing incorrect legal advice that leads to significant financial harm
• Improper handling or misappropriation of client funds
• Failing to follow specific instructions from the client
• Settling a case without the client’s consent or knowledge

If you think your attorney’s actions or inactions have damaged your legal interests or financial situation, consulting a legal malpractice lawyer is essential to evaluate your options and protect your rights.

Local Laws Overview

Missouri legal malpractice law follows certain principles that clients should understand:

• Elements of a Claim - To prove legal malpractice in Missouri, plaintiffs must show these four elements: an attorney-client relationship existed, the attorney breached the duty of care, the breach caused harm, and quantifiable damages resulted.
• Statute of Limitations - Legal malpractice claims in Missouri generally must be filed within five years from the date the malpractice occurred or was discovered.
• Expert Testimony - Missouri courts typically require expert witnesses to establish whether the attorney’s conduct fell below the standard of care.
• “Case Within a Case” Requirement - Plaintiffs must prove not only that the attorney was negligent, but also that they would have prevailed or achieved a better result in the original matter if not for the malpractice.
• Damage Caps - Missouri does not impose statutory caps on damages in legal malpractice suits, but damages must be clearly proven and not speculative.

Frequently Asked Questions

What is considered legal malpractice in Missouri?

Legal malpractice occurs when an attorney fails to perform their legal duties according to the accepted standards of the profession, resulting in harm to the client. This can include negligence, breach of fiduciary duty, or clear ethical violations.

Does simply losing my case mean I can sue my lawyer for malpractice?

No. Legal malpractice must involve attorney negligence or wrongdoing that directly caused your financial loss. Losing a case does not automatically mean your lawyer was negligent.

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

You generally have five years from the date the malpractice occurred, or when you should have reasonably discovered it, to file a claim in Missouri.

Do I need proof that I would have won my original case to sue for legal malpractice?

Yes. Missouri courts require you to show that, but for the attorney’s negligence, you would have obtained a better result in the original case. This is called the “case within a case” requirement.

Can I sue my lawyer for giving bad advice?

You may have a legal malpractice claim if your attorney's advice was outside professional standards, led to quantifiable harm, and you can demonstrate that competent legal advice would have resulted in a better outcome.

Does legal malpractice include criminal defense cases?

Legal malpractice can occur in any area of law, including criminal defense. However, prevailing in a malpractice claim after a criminal conviction requires proving actual innocence or exoneration in most situations.

What damages can I recover in a legal malpractice action?

You can seek compensation for financial losses directly resulting from your attorney’s negligence, which could include lost settlements, court awards, or additional legal fees, if you can clearly document these damages.

Will a legal malpractice suit affect my ongoing legal matter?

It may have implications, especially if your current lawyer is the subject of the claim. It's critical to consult with a separate legal malpractice attorney regarding your rights and case strategy.

Can I file a bar complaint instead of a malpractice suit?

A bar complaint can lead to disciplinary action against the attorney, but it does not result in compensation for your financial loss. A malpractice lawsuit is required if you seek damages.

Do I need a lawyer to file a legal malpractice claim in Missouri?

It's highly recommended, as these cases are complex and require expert testimony, legal analysis, and strict adherence to court procedures.

Additional Resources

If you are seeking additional information or assistance regarding legal malpractice in Missouri, the following resources may be helpful:

• Missouri Bar Association - Provides information about attorney conduct rules and complaint processes
• Missouri Office of Chief Disciplinary Counsel - Handles investigations of attorney misconduct
• Missouri Courts - Offers resources to locate court forms and general information about legal filings
• Legal Aid of Western Missouri - Offers support for those with limited financial resources (eligibility applies)
• American Bar Association - Features guides on professional responsibility and lawyer ethics

Next Steps

If you believe you have experienced legal malpractice, take the following steps:

• Gather all documentation and correspondence related to your original legal matter and your attorney’s actions
• Write down a timeline of events, noting when you believe errors or breaches occurred
• Consult a reputable legal malpractice attorney in Missouri for a case evaluation
• Do not delay - be mindful of the five-year statute of limitations
• Consider whether you need to file a bar complaint for ethical violations, but remember this is not a substitute for seeking compensation through a malpractice lawsuit if you suffered financial loss

Acting promptly helps preserve your rights and can improve your chances of a successful outcome. Legal malpractice claims are complicated and require skilled legal representation to navigate Missouri law effectively.