Frequently Asked Questions About Legal Malpractice in Georgia

If your attorney failed you, you likely have many questions. Below are the most common ones I receive. If you don’t see your question answered here, please contact me directly for a free consultation.

What is legal malpractice?

Legal malpractice occurs when an attorney fails to provide the standard of care that a competent lawyer would provide under the same circumstances, and that failure causes you actual harm. It is a civil lawsuit — separate from any bar complaint — that can result in monetary compensation for your losses.

What do I need to prove to win a legal malpractice case in Georgia?

In Georgia, you generally must prove four elements: (1) the attorney owed you a duty — meaning there was an attorney-client relationship; (2) the attorney breached that duty by acting negligently or improperly; (3) the breach caused your harm; and (4) you suffered actual, measurable damages as a result. The most challenging element is typically causation, which requires proving the “case within a case.”

What is the “case within a case”?

Because legal malpractice requires proving that your attorney’s negligence caused your damages, you typically must prove not only that your attorney was at fault — but also that your underlying case would have succeeded if it had been handled properly. For example, if your attorney missed the statute of limitations on your personal injury claim, I must prove both that they were negligent in missing the deadline and that your injury claim itself was valid and would have resulted in a recovery. This dual-track litigation is complex and requires an attorney with specific expertise in legal malpractice.

What is the statute of limitations for legal malpractice in Georgia?

In Georgia, the general statute of limitations for legal malpractice is four years from the date the malpractice occurred, under O.C.G.A. § 9-3-25. However, the clock may be tolled (paused) in certain situations — for example, if the attorney fraudulently concealed the malpractice, or under the “continuous representation” doctrine. Do not assume you are out of time without consulting an attorney. And do not assume you have plenty of time — important evidence can disappear, and deadlines can be shorter than you expect in specific circumstances.

My attorney settled my case without my permission. Is that malpractice?

Almost certainly yes. Under the Georgia Rules of Professional Conduct, Rule 1.2, an attorney must abide by a client’s decisions regarding the settlement of a matter. Settling your case without your informed consent is a serious breach of professional duty and fiduciary responsibility. If your attorney also retained settlement funds without your authorization, it may also constitute conversion and potentially criminal conduct. This is one of the most actionable forms of legal malpractice.

Can I sue my attorney even if I lost my underlying case for other reasons?

Possibly, but it depends on the circumstances. If your attorney’s negligence contributed to the loss — for example, by missing a key filing deadline, failing to present important evidence, or providing incorrect legal advice — you may still have a viable malpractice claim even if the outcome was uncertain. However, if a competent attorney would not have prevailed in your underlying case regardless of how it was handled, the causation element becomes very difficult to satisfy. I can evaluate your specific situation during a free consultation.

My attorney stopped responding to me and abandoned my case. What should I do?

First, preserve everything — all communications, court notices, and documents related to your case. Second, find out immediately whether any court deadlines, hearings, or response dates are approaching. Third, contact me as soon as possible. Attorney abandonment can cause irreparable harm very quickly, particularly if hearings are missed or deadlines expire while you are waiting for your attorney to respond. I handle both emergency case rescue (stepping in as replacement counsel) and subsequent malpractice claims against attorneys who abandon their clients.

Do you take legal malpractice cases on contingency?

Yes, in most cases. Contingency fee arrangements mean that I only get paid if you recover — my fee is a percentage of the recovery. I will explain the exact fee arrangement clearly and in writing before we proceed. There are no upfront fees and no hidden costs. The initial consultation is always free.

How long does a legal malpractice case take?

Legal malpractice cases are complex litigation matters. A straightforward case may resolve in 12–18 months. Cases that involve disputed expert testimony, complex underlying facts, or defendants who litigate aggressively can take two to four years or more. I will give you a realistic timeline based on the specifics of your case — I do not make promises I cannot keep.

What damages can I recover in a legal malpractice case?

If successful, you may recover the damages you would have obtained in your underlying case — the value of what you lost because of your attorney’s negligence. You may also recover out-of-pocket losses such as fees paid to the negligent attorney, costs incurred to fix the damage they caused, and in cases involving fraud or egregious conduct, potentially punitive damages. Recoverable damages are highly case-specific.

Can I file a bar complaint instead of a lawsuit?

You can do both — they are separate processes. A State Bar of Georgia complaint addresses the attorney’s professional conduct and can result in sanctions, suspension, or disbarment. However, a bar complaint cannot get you money. If you want financial compensation for your losses, a civil legal malpractice lawsuit is the appropriate route. I can advise you on both.

What if my attorney says my case was just a “bad outcome” and not malpractice?

Not every bad outcome is malpractice. Attorneys are not guarantors of results — they are required to meet a standard of care, not to win every case. However, attorneys and their malpractice insurers have every incentive to characterize negligence as a “bad outcome.” If you believe something went wrong that should not have, get an independent evaluation. That is exactly what my free consultation is for.

I signed a settlement with my old attorney. Can I still sue them?

It depends on the terms of what you signed. Some settlements include releases of malpractice claims; others do not. Even if you signed a release, it may be voidable if it was obtained by fraud, misrepresentation, or without adequate disclosure. This is a fact-specific question that requires careful legal review. Do not assume a document you signed closes the door permanently without getting an attorney’s opinion.

Do you handle cases outside of Atlanta?

Yes. I represent clients throughout Georgia, including Marietta, Decatur, Lawrenceville, Cumming, Gainesville, Augusta, Columbus, and Savannah. Initial consultations can be conducted by phone or video, so location is not a barrier to getting started.