When you hire an attorney, you trust them to protect your rights, advocate for your interests, and guide you through a complicated legal system. But what happens when an attorney makes a mistake? Does every mistake amount to legal malpractice? The answer is no. At Eardley Law Offices, PC, we help clients across Michigan understand their rights when they suspect their attorney may have failed them.
What Is Legal Malpractice?
Legal malpractice occurs when an attorney’s actions—or failure to act—fall below the standard of care expected of a reasonably competent attorney, and that negligence causes harm to the client.
To prove legal malpractice in Michigan, a client generally must show:
- An attorney–client relationship existed. This establishes the duty of care. Without a formal relationship, there is usually no malpractice claim.
- The attorney breached that duty. This may include missed deadlines, filing errors, failure to conduct discovery, or giving incorrect legal advice.
- The breach caused actual harm. It is not enough to show the lawyer made an error; you must show that the mistake cost you financially or legally.
- Damages resulted. For example, losing a valid case due to an attorney’s negligence, missing out on a settlement, or facing avoidable penalties.
In short, malpractice is more than just a poor outcome—it is attorney negligence that directly causes harm.
What Is NOT Legal Malpractice?
Not every disappointment or unfavorable result means malpractice occurred. Some examples include:
- Losing a case despite strong representation. Even the best lawyers lose cases, and courts can rule against you for reasons unrelated to your attorney’s performance.
- Strategic disagreements. You may disagree with your attorney’s approach, but a difference in judgment is not necessarily malpractice.
- Unrealized expectations. If your attorney did not achieve the result you hoped for, but they acted competently and within professional standards, it’s not malpractice.
Common Examples of Legal Malpractice in Michigan
At Eardley Law Offices, we frequently see recurring issues that may amount to malpractice, including:
- Failing to file a lawsuit within the statute of limitations. Missing critical deadlines can completely bar a client from pursuing their claims.
- Overlooking critical evidence or witnesses. Neglecting discovery or failing to present available testimony can weaken or destroy a case.
- Providing incorrect legal advice. Misstating the law or failing to research current statutes or case law can cause a client to lose valid claims.
- Failure to properly investigate a case. Not conducting adequate factual or legal research before filing a claim or defense.
- Drafting errors in contracts, pleadings, or settlement agreements – Mistakes in legal documents can have long-term financial and legal consequences.
Each of these situations involves more than just a poor outcome — they represent failures to meet professional standards that can lead to real harm.
Why Choose Eardley Law Offices?
Legal malpractice cases are among the most complex types of litigation because they involve proving both the original case (the “case within a case”) and the attorney’s negligence. Our team at Eardley Law Offices, PC has decades of experience in Michigan handling professional negligence claims, including legal malpractice, medical malpractice, and employment law.
We take the hard cases. We hold professionals accountable. And we help injured clients, workers, and citizens across West Michigan seek justice.
If you or someone you know has suffered financial or legal harm because of an attorney’s mistakes, don’t wait—contact Eardley Law Offices today for a consultation.