Best Legal Malpractice Lawyers in Nashville

About Legal Malpractice Law in Nashville, United States

Legal malpractice refers to professional negligence or other wrongful conduct by an attorney that causes harm to a client. In Nashville, which is in Davidson County, legal malpractice claims are handled in the state civil court system. Common legal theories include negligence, breach of fiduciary duty, and breach of contract. Legal malpractice is separate from disciplinary discipline by the state bar - a disciplinary complaint may lead to sanctions against an attorney, but it does not by itself provide compensation for a harmed client.

To succeed in a legal malpractice case a plaintiff generally must show four elements - that the lawyer owed a duty to the client, that the lawyer breached the applicable standard of care, that the breach caused a loss, and that the client suffered actual damages. Because malpractice issues can be fact intensive and technical, these cases often require careful review of the lawyer-client file and expert analysis of the standard of care and causation.

Why You May Need a Lawyer

If you believe an attorney's mistake, omission, conflict of interest, or misconduct cost you money or legal rights, you should speak with a lawyer who handles malpractice claims. Common situations that lead people to consider malpractice help include:

- Missed deadlines or statute of limitations for filing suit that result in your underlying claim being dismissed.

- Failure to file important motions or appeals, or improperly handling an appeal.

- Errors in drafting contracts, wills, trusts, or real estate documents that lead to loss or litigation.

- Mishandling of settlement negotiations or improper settlement of a claim without informed consent.

- Misappropriation or mishandling of client funds, or errors in escrow and closings.

- Conflicts of interest that were not disclosed and that harmed your case or financial position.

- Poor criminal defense that resulted in a wrongful conviction or harsher sentence.

- Fee disputes where the lawyer over-billed or provided negligent work for the fees charged.

Because malpractice claims may require expert testimony, forensic review of the file, and complex proof of causation, an attorney experienced in legal malpractice can advise whether you have a viable claim and the best way to proceed.

Local Laws Overview

Key local and state law factors that affect legal malpractice claims in and around Nashville include:

- Rules of Professional Conduct - Tennessee adopted rules that govern lawyer ethics and client relations. These rules are the basis for disciplinary complaints and can inform malpractice claims when an ethical violation also caused harm.

- Civil remedies - Malpractice claims are usually pursued as civil torts or contract claims in Tennessee courts. The common legal theories are negligence, breach of fiduciary duty, and breach of contract.

- Statute of limitations and accrual - Time limits to bring a malpractice suit vary by jurisdiction and by the nature of the claim. Many malpractice claims are subject to discovery rules, meaning the clock may begin when the client discovered or reasonably should have discovered the attorney-caused injury. Because time limits can be short and may be affected by tolling or other rules, prompt action is important.

- Expert testimony - Courts commonly require expert evidence to establish the applicable standard of care and to show that the attorney breached that standard and caused the loss. There are limited exceptions where the negligence is within ordinary lay knowledge.

- Remedies - A successful plaintiff may recover compensatory damages such as the value of what was lost, lost opportunity costs, and additional fees necessary to rectify the error. Punitive damages are rare and require proof of willful misconduct or fraud. Fee recovery or disgorgement may also be possible in some circumstances.

- Administrative complaints - The Board of Professional Responsibility of the Tennessee Supreme Court handles complaints about attorney ethics and may discipline lawyers. Filing a bar complaint is a separate process from filing a civil lawsuit for malpractice. The bar cannot award money damages to a complainant, but it can impose sanctions or require restitution in certain situations.

- Venue and court procedure - Most malpractice suits in Nashville will be filed in Davidson County Circuit Court or another appropriate Tennessee court. Civil procedure, discovery rules, and local practice will govern how a claim proceeds.

Frequently Asked Questions

What exactly is legal malpractice?

Legal malpractice is when an attorney fails to provide competent representation as required by law or contract, and that failure causes a client to suffer measurable harm. It can arise from negligent representation, conflicts of interest, misappropriation of funds, or breach of an agreement with the client.

How do I know if I have a malpractice case?

Generally you will need to show that an attorney-client relationship existed, that the attorney acted below the standard expected of a competent lawyer, that the action or omission caused a concrete loss, and that you suffered damages. An experienced malpractice lawyer can evaluate your file and advise whether the facts support a claim.

How long do I have to bring a malpractice claim in Tennessee?

Time limits vary with the type of claim and the circumstances of discovery. Many malpractice claims have strict deadlines and may be subject to discovery rules that start the clock when you knew or should have known about the injury. Because deadlines are complex and fact specific, consult a lawyer promptly to protect your rights.

Do I need an expert witness to prove malpractice?

In most malpractice cases expert testimony is necessary to show what a reasonably competent attorney would have done and to connect the attorney s conduct to your loss. There are exceptions when the negligence is obvious to a layperson, but relying on an exception is risky without counsel and an expert review.

If my lawyer violated the rules of professional conduct can I get money from the bar?

No. The state disciplinary authority can investigate and sanction attorneys, including disbarment, suspension, or public reprimand. However, it does not award damages. A civil malpractice suit is the route to recover monetary losses, and it is separate from a bar complaint.

Can I sue for a missed statute of limitations in my underlying case?

Yes. If an attorney s failure to file a claim on time caused you to lose the ability to pursue the underlying claim, that is a common basis for malpractice. You will need to show causation and damages, and the courts will examine whether you reasonably relied on the attorney and whether any exceptions to the statute of limitations apply.

What kinds of damages can I recover?

You may recover compensatory damages that put you in the position you would have been in but for the malpractice. That can include the value of a lost claim, additional costs to correct the mistake, lost settlement value, and sometimes consequential damages. Punitive damages are only available in limited, egregious cases.

How much will a malpractice lawyer cost?

Malpractice attorneys often handle cases on contingency fees where the lawyer is paid a percentage of any recovery. Other arrangements include hourly fees or hybrid fees. Costs for experts and litigation can be substantial, so discuss fee structure and who will advance case expenses at the first meeting.

Should I file a bar complaint as well as a lawsuit?

Filing a bar complaint and pursuing a civil lawsuit are separate but not mutually exclusive actions. A bar complaint can trigger investigation and potential discipline. A civil lawsuit is necessary to recover money damages. Talk to counsel about timing and strategy because public complaints and litigation can affect each other.

What if my former lawyer says I consented to the action that caused loss?

Consent and informed decision-making can be a defense to malpractice. If your lawyer reasonably disclosed the risks and you waived them, that may bar a claim. However, inadequate disclosure, misinformation, or lack of informed consent can still support a malpractice claim. Preserve all communications and consult a malpractice attorney to evaluate defenses and evidence.

Additional Resources

Consider these local and state resources when researching or pursuing a malpractice matter:

- Tennessee Board of Professional Responsibility - for information on filing an ethics complaint and to learn about disciplinary procedures.

- Tennessee Rules of Professional Conduct - the ethical rules that govern attorneys in Tennessee and that inform both disciplinary and malpractice issues.

- Tennessee Bar Association and Davidson County Bar Association - for referrals to attorneys who handle malpractice and related civil litigation.

- Local legal aid and pro bono organizations such as Legal Aid Society of Middle Tennessee and the Cumberlands - for low income clients who may need guidance or referral assistance.

- Tennessee court information and local courthouse resources - for information about filing civil lawsuits, local rules, and court procedures in Davidson County.

- Law libraries and legal clinics - for self-help resources and research materials on malpractice law and Tennessee statutes.

- Professional liability insurers and client protection programs - if your case involves theft or misappropriation, ask the disciplinary board about any client protection funds or similar remedies that may be available.

Next Steps

If you think you have a legal malpractice claim, take these practical steps right away:

- Preserve all documents and communications - keep originals and make copies of your retainer agreement, emails, court papers, bills, letters, and any material the attorney prepared.

- Create a timeline - write a clear chronology of events with dates, actions taken by your lawyer, deadlines missed, and the losses you suffered.

- Do not destroy evidence - keep all records and avoid altering files or deleting communications that may be relevant.

- Get a prompt case evaluation - contact an attorney who specializes in legal malpractice for a file review and legal assessment. Many malpractice lawyers offer initial consultations.

- Consider a bar complaint - if you suspect ethical misconduct, filing a complaint with the state disciplinary authority may be appropriate, even if you pursue a civil claim.

- Act quickly - statutes of limitations and other time limits can bar claims if you wait too long, so seek legal advice promptly.

- Ask about costs and experts - discuss fee structures, case expenses, and the need for expert review so you understand the likely path and costs to pursue a claim.

Legal malpractice claims can be complex and fact dependent. An experienced malpractice lawyer in Nashville can help you evaluate whether you have a viable claim, explain the applicable Tennessee laws and deadlines, and guide you through the steps to preserve your rights and seek recovery.