When someone hires an attorney, they’re placing trust in a trained legal professional during one of the hardest moments of their life. It’s painful and frustrating when a lawyer doesn't meet basic professional standards, causes unnecessary harm, or fails to protect a client’s legal rights. You don’t have to carry the weight of uncertainty alone; help is available.
The McCallister Law Firm in Kansas City, Missouri, led by Attorney Brian F. McCallister, helps clients evaluate whether legal malpractice occurred and what options they have for filing a claim. Here, he’ll explain what you’ll need to show to file a lawsuit. If you’re facing this situation, contact his firm today to discuss your options.
What Legal Malpractice Means
Legal malpractice happens when a lawyer fails to act as a reasonably competent attorney would under similar circumstances, and that failure causes significant harm. It’s more than being disappointed with an outcome. Even the most skilled lawyers don’t win every case. The key difference lies in whether the lawyer’s conduct fell below acceptable professional standards.
To rise to the level of legal malpractice, an attorney’s actions (or inaction) must violate their duty of care, fall below professional standards, and create real financial or legal damage. Missouri law allows wronged clients to seek accountability and compensation, but only if specific elements are proven.
These cases are taken seriously because the justice system relies on trust in legal professionals. When that trust is broken, it affects more than one person’s case; it can harm confidence in the entire process. Holding negligent attorneys responsible helps protect the integrity of the legal system for everyone.
Elements You Must Prove to Sue a Former Lawyer
To successfully pursue a legal malpractice case in Kansas City, plaintiffs must demonstrate four essential elements. Missing even one typically means the case won’t succeed. Each element builds on the others to show not only wrongdoing but also real harm to the client. Because of this, careful legal analysis is crucial before moving forward.
Showing the Attorney-Client Relationship
The first step is proving that the attorney owed a duty to the client. Thankfully, this is usually straightforward. A signed agreement, emails discussing representation, billing records, or other documentation typically show that a formal relationship existed. Courts want clear proof that the lawyer accepted responsibility for the matter in question.
What matters is establishing that the lawyer agreed to handle legal matters directly and therefore accepted responsibility for professional conduct. Once an attorney agrees to take a case, they must uphold all ethical and legal obligations tied to the representation. This duty applies whether the case is simple or involves serious legal stakes.
Showing the Attorney Failed to Meet Professional Standards
This element focuses on the attorney’s performance. It’s not enough to show the lawyer made a poor judgment call or a harmless error. A breach means they acted, or failed to act, in a way that a reasonably careful lawyer wouldn’t.
In many cases, the lawyer’s conduct is clearly below expectations, making the violations easier to identify. Examples include:
Missing key filing deadlines and causing a case to be dismissed
Failing to communicate settlement offers
Not preparing adequately for trial
Overlooking crucial evidence
Violating ethical rules or client instructions
These types of failures can significantly weaken a client’s case and may lead to devastating legal and financial consequences. Proving this part often involves comparing the lawyer's conduct to accepted legal standards. Sometimes testimony from other attorneys is needed to demonstrate that the former lawyer’s choices were outside professional expectations.
Linking the Breach to Actual Harm
Even if a breach occurred, a client must show that it directly caused a negative outcome. Lawyers call this the “case within a case” element. This means that if the attorney had handled the original case correctly, the result would likely have been better for the client. Without this clear link between the error and the harm, there’s no basis for financial recovery.
This requirement can make legal malpractice cases challenging. It involves proving not only that the attorney was negligent, but that the underlying legal matter would have turned out differently without their actions. As a result, these claims often require substantial evidence, expert evaluation, and a careful review of everything that went wrong.
Proving Real Financial Loss
Lastly, a plaintiff must show they suffered measurable harm, usually financial. Courts want clear proof that the lawyer’s mistakes directly caused monetary damage. This part of the case often relies on financial records, expert review, and evidence showing what the outcome should’ve been. Clients may recover money for the following:
Lost claims or settlement value
Additional legal expenses
Fees paid to the negligent lawyer
Penalties or judgments caused by the lawyer’s mistakes
These financial consequences can have long-lasting effects on a person’s life and legal standing. Demonstrating these losses helps show exactly how the attorney’s misconduct harmed the client. An experienced legal malpractice lawyer is essential in these situations. Contact The McCallister Law Firm today to discuss your case.
Common Forms of Legal Malpractice Clients Experience
When people think about attorney misconduct, they might assume it only involves dramatic ethical violations. In reality, many legal malpractice cases arise from ordinary tasks done carelessly or ignored entirely. Below are several types of conduct that often give rise to claims, along with what clients should know about them.
Missed Deadlines and Filing Errors
Courts are strict about deadlines. If your attorney missed a statute of limitations or failed to respond to crucial motions, the result can mean losing your right to pursue justice. These errors can be particularly devastating because there’s no “restart button” once the window to act in these situations has already closed.
Conflict of Interest Issues
Lawyers must prioritize their clients’ best interests. If they represented opposing parties, accepted payment from someone other than the client without disclosure, or otherwise split their loyalties, they may have violated ethical duties. Even the appearance of divided loyalty can significantly undermine a client’s trust and the integrity of their legal matter.
Failure to Communicate With Clients
Clients should be involved in key decisions and kept informed about progress. If your lawyer ignored calls, never provided updates, or made major choices without permission, that behavior might support a malpractice claim. Communication failures can lead to missed opportunities and prevent clients from making informed choices about their own situation.
Poor Legal Advice or Preparation
Not every losing argument is malpractice. But if a lawyer didn’t research the law, gather evidence, interview witnesses, or understand applicable statutes, it may indicate they didn’t perform at the minimum level required. Inadequate preparation often leaves clients at a severe disadvantage and can dramatically weaken their chance of success in court.
Evidence That Can Help Prove a Legal Malpractice Claim
It’s important for clients to gather what they can about their original representation. Documentation is key to supporting a legal malpractice case and showing exactly where the attorney went wrong. Before jumping into a lawsuit, a new lawyer will typically want to collect and review records. Below is a list of common materials that can strengthen a claim:
Signed attorney-client agreements or retainer documents
Communications such as emails, texts, letters, and call logs
Billing statements showing what the lawyer charged
Court documents filed by the attorney
Any documents that weren’t filed but should have been
Notes or instruction summaries provided to the lawyer
Settlement offers or communications from opposing parties
Copies of rulings, orders, or case dismissals
A timeline you create describing what occurred and when
Gathering these materials paints a clearer picture of the lawyer’s role and conduct. It also helps determine whether filing a legal malpractice claim is the best path forward based on the evidence available. Once you’ve organized what you have, an experienced legal malpractice attorney can evaluate it and offer guidance on the next steps.
Speak With a Qualified Legal Malpractice Attorney Today
If you believe your former lawyer mishandled your case, now’s the time to seek advice. Cases involving legal malpractice require careful evaluation, and acting promptly protects your rights. Taking action early also helps preserve important records and evidence that might otherwise be lost over time if action is delayed.
The McCallister Law Firm, led by Attorney Brian F. McCallister, is committed to helping people who were harmed by mistakes their attorneys should never have made. He helps clients in Kansas City and the surrounding areas by investigating the facts and fighting for justice. To discuss your situation, contact The McCallister Law Firm today.
