 Suing Your Lawyer FAQs
 I think my lawyer did a really bad job handling my case. Do I have a claim?- But I had a great case and my lawyer lost! There has to have been something negligent, right?
- How can I find a lawyer willing to sue another lawyer?
- How is suing a lawyer different from other types of lawsuits?
- Does it matter whether my lawyer was with a big firm, a small firm, or was on her own?
- Are lawyers in Georgia permitted to practice without liability/malpractice insurance?
1. I think my lawyer did a really bad job handling my case. Do I have a claim?
It depends on many factors. First and perhaps most importantly, one must be able to identify something that the lawyer did that he shouldn't have, or didn't do that he should have. Figuring out what a lawyer “should” or “shouldn't” have done is not always easy, because to some extent lawyers have to be able to use their professional judgment to decide how best to represent a client’s interests. The conduct has to fall below what is called the standard of care (see separate FAQ on the standard of care). This is another way of saying that the lawyer was negligent. Doing a “bad job” does not necessarily mean the lawyer committed malpractice.
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2. But I had a great case and my lawyer lost! There has to have been something negligent, right?
Not necessarily. Cases are won or lost for many reasons. It may have been because of something your lawyer did (or failed to do) that was negligent, but it may have been for other reasons as well. Losing a case does not necessarily mean the lawyer committed malpractice.
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3. How can I find a lawyer willing to sue another lawyer?
If you are reading this page, you have already found lawyers who handle legal malpractice claims against other lawyers. When Taylor Jones handled his first legal malpractice cases in the early 1980s, it was almost unheard-of for lawyers in Georgia to file such cases. Now, more than 25 years later, there are several lawyers and firms in Atlanta with experience pursuing legal malpractice cases.
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4. How is suing a lawyer different from other types of lawsuits?
One difference comes about because the claim is defined as professional malpractice or professional negligence. The Georgia General Assembly has enacted a statute requiring that any claim of malpractice against a member of certain professions (including lawyers, doctors, accountants, etc.) must include the affidavit of a member of the profession, setting forth “at least one negligent act or omission claimed to exist and the factual basis for each such claim.” Then, if and when the case is tried, a member of the profession (who is called an expert witness) must testify to the specific act or acts of negligence committed by the defendant lawyer.
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5. Does it matter whether my lawyer was with a big firm, a small firm, or was on her own?
Not by itself. Whether a large firm or a sole practitioner, mistakes happen, and sometimes those mistakes are malpractice. One factor that may become important is whether your lawyer had malpractice insurance (sometimes called errors & omissions, or professional liability insurance). Typically, the larger the firm, the more likely there will be sufficient insurance to cover the claim. Some small firms and sole practitioners choose not to obtain malpractice insurance.
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6. Are lawyers in Georgia permitted to practice without liability/ malpractice insurance??
Yes. Unlike motorists, who are required by law to have a certain minimum amount of liability insurance, lawyers are not legally required to have liability or malpractice coverage. Taylor Jones is a member of the State Bar of Georgia’s Professional Liability Insurance Committee, which has recommended that lawyers at least be required to tell their clients if they are uninsured, but so far that rule has not been enacted. New clients should ask their lawyer if he or she is insured.
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