Atlanta Legal Malpractice Lawyer
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When you hire an attorney, you trust them to protect your rights and secure a fair outcome. However, when a lawyer commits negligent acts, attorney malpractice can result in serious financial, emotional, or legal harm.
At Graham Scofield Injury Lawyers, we believe every client deserves competent and trustworthy legal representation. Our firm has extensive experience fighting for legal malpractice victims in Atlanta and surrounding communities.
Our experienced Atlanta legal malpractice lawyers can help you understand your rights and options. We hold negligent lawyers accountable to correct the professional wrongs that harmed you.
Schedule a free case review with attorney Graham Scofield today.
Call (404) 939-9470 to Start Your Legal Malpractice Claim
Understanding Legal Malpractice
Attorney malpractice occurs when an attorney fails to meet the standard of care, skill, or diligence expected of a competent lawyer, resulting in harm. For instance, failing to meet a deadline that causes your case to be dismissed.
However, not every form of attorney neglect constitutes legal malpractice. If your lawyer fails to return your calls, you’ll need to find a more communicative one, but that doesn’t necessarily count as negligence. Also, keep in mind that a “bad” outcome for your case is not malpractice.
Legal malpractice occurs when a lawyer:
- Misses deadlines that cause a case to be dismissed
- Fails to file key documents
- Gives incorrect legal advice
- Ignores client communication or critical evidence
- Commits ethical violations
If you’re unsure whether your lawyer’s actions caused real harm, our legal malpractice attorneys will review your case to determine any actionable negligence.
Common Legal Malpractice Examples
Our legal team at Graham Scofield Injury Lawyers has litigated many types of legal malpractice cases. Below are some of the common ways that lawyers harm their clients’ cases. If you suffered a bad outcome because of one of these errors, you should call us ASAP.
Common attorney misconduct:
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- Failure to Know or Appropriately Apply the Law
- Planning or Strategy Errors
- Inadequate Investigations
- Inadequate Discovery Participation
- Missed Deadlines
- Procrastination or Undue Delay
- Failure to Obtain Client Consent
- Improper Withdrawal From a Client’s Case
- Conflicts of Interest
- Libel or Slander of a Client
- Discrimination, Harassment, or Other Civil Rights Violations
- Mathematical Errors
- Public Search Errors
- Inadequate Client Communication
- Lost Documents, Evidence, or Client Files
- Improperly Delegated Work
- Fraud
- Mismanagement of Client Funds
Proving Legal Malpractice in Georgia
To win a legal malpractice claim in Georgia, you must show that your attorney’s conduct was more than just a mistake — it must have fallen below the expected standard of care and caused harm to your case.
This is proven through the “case-within-a-case” concept:
Your attorney was negligent, and
You would have won (or settled) your original case, “but for” the attorney’s mistake.
Georgia law requires four key elements to succeed in a malpractice claim:
- Attorney–Client Relationship
There must be proof that the lawyer agreed to represent you, such as a fee agreement, email confirmation, or evidence that they actively worked on your case. - Breach of Duty
Evidence that the attorney failed to act with the level of care, skill, or diligence that a competent Georgia lawyer would provide. Examples include missing deadlines, giving incorrect advice, failing to communicate, or violating ethical rules. - Causation
You must prove that your lawyer’s mistake directly caused you harm. In other words, their negligence must be the reason you lost your case, had it dismissed, or received a lower settlement than you should have. - Damages
You suffered a financial or legal setback because of the attorney’s misconduct. Damages may include lost compensation, additional legal fees, or the inability to pursue your claim.
If you’re unsure whether your prior attorney exhibited negligence, our Atlanta legal malpractice lawyers can review your case with a free consultation.
Check if You Have a Legal Malpractice Case
Georgia’s Statute of Limitations for Legal Malpractice
Georgia has strict deadlines for filing an attorney malpractice claim. If you fail to file within the allowed timeframe, you may permanently lose your right to recover any damages.
- Tort-Based Legal Malpractice – If your lawyer missed a filing deadline or failed to meet a court requirement, you generally have 4 years from the date of negligence to file a claim (O.C.G.A. § 9-3-25).
- Contract-Based Legal Malpractice – If your claim arises from a written fee agreement or contract, the statute of limitations may extend to six years (O.C.G.A. § 9-3-24). Not all cases qualify for this extension, so it’s important to have an attorney for legal malpractice review your contract to determine the deadline.
- The Discovery Rule – In some situations, the clock doesn’t start until you discover—or reasonably should have discovered— the malpractice. This is common when an attorney hides their mistake, or the error isn’t immediately obvious.
- Fraud or Concealment – If the attorney intentionally concealed their wrongdoing, the statute of limitations may be paused (tolled) until you discover the fraud.
Evidence and deadlines are critical. Contact our Atlanta legal malpractice attorneys to discuss your case timeline.
How to File a Legal Malpractice Lawsuit
If you want to file a legal malpractice lawsuit, you should contact an Atlanta legal malpractice lawyer. Your lawyer will evaluate your potential claims. If you have a valuable claim, your lawyer will accept your case. Then, they’ll attempt to resolve it. If your case isn’t resolved pre-suit, your lawyer will file your lawsuit. Your lawsuit can be filed in the county where your former lawyer resides. It can also be filed in the county where the law firm has an office.
The lawsuit begins when your lawyer files the complaint. The complaint identifies you, as well as the lawyer and the law firm that committed malpractice. The complaint also explains the support for your legal malpractice allegations. Additionally, it specifies the damages you seek to recover. You must attach a sworn affidavit from a legal malpractice expert that is prepared to testify on your behalf.
If you hire our firm, we’ll make sure that your lawsuit is properly filed and served. Then, we’ll obtain documentary and testimonial evidence that supports your claims. If your former lawyer’s malpractice insurance carrier doesn’t offer you a fair settlement, we’ll take your case to trial.
Get Answers Today — Call (404) 939-9470 for a Free Case Evaluation
Damages You Can Recover in a Legal Malpractice Case
The goal in a legal malpractice case is to restore the damages you would have obtained if your original case had been handled correctly. You can also recover the costs spent to pursue your malpractice claim.
Potential recoveries include:
- Lost Settlement Value
If your attorney’s mistake caused you to lose a settlement opportunity, you can pursue the amount you would have reasonably received. - Lost Judgment Value
If the underlying case likely would have resulted in a favorable verdict, you may recover the value of that judgment. - Additional Legal Fees or Costs Incurred
If you had to hire a new lawyer or incurred increased out-of-pocket costs, those expenses may be recovered. - Emotional Distress (In Limited Cases)
Georgia law restricts emotional distress recovery in malpractice cases, unless the attorney’s conduct was extreme or intentional. - Punitive Damages
When an attorney’s actions show fraud, malice, or a conscious disregard for clients, punitive damages may be available to punish and deter misconduct.
Every malpractice case is unique. Our firm provides a personal consultation to help you understand the estimated value of your claim.
How Our Atlanta Legal Malpractice Lawyers Can Help
If you lost your case or received an unfavorable settlement due to your attorney’s misconduct, Graham Scofield Injury Lawyers is here to help. Our dedicated Atlanta legal malpractice lawyers bring decades of experience and a proven track record for resolving legal malpractice claims.
Unlike other firms, we take the time to fully understand the details of your underlying case and pinpoint exactly where your former attorney’s actions went wrong.
Here’s how we support clients throughout the process:
- Free, Confidential Consultation: We’ll review your past case to determine if errors occurred.
- Case Investigation: Our attorneys gather relevant documents, expert opinions, and review timelines.
- Expert Testimony: We work with independent legal experts to prove breach of duty.
- Negotiation and Litigation: Our team handles malpractice insurer negotiations, taking the case to trial if necessary.
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Why Choose Graham Scofield Injury Lawyers
Legal malpractice cases are complex and emotional, especially when you’ve placed your trust in someone who should have protected you. At Graham Scofield Injury Lawyers, we offer more than just legal expertise. We provide personalized, compassionate, and dedicated representation.
Here’s why clients trust our legal malpractice attorneys:
Local Experience in Atlanta Courts – We regularly handle cases in Fulton, DeKalb, Cobb, Gwinnett, and surrounding metro Atlanta courts.
Direct Access to Your Attorney – Unlike larger firms, you’ll work directly with your lawyer, ensuring personalized and focused representation.
Proven Track Record of Results – Our firm has secured millions in verdicts and settlements across personal injury and professional negligence cases.
Ethical, Client-Centered Advocacy – Our goal is to help clients rebuild, recover losses, and pursue accountability with dignity and respect.
Frequently Asked Questions About Legal Malpractice
What’s the difference between a bad outcome and legal malpractice?
An unfavorable outcome alone is not malpractice. Malpractice occurs when a lawyer’s negligence or misconduct directly harms your case.
How do I know if my situation qualifies as malpractice?
If your attorney made a mistake that hurt your case, you may have a claim. We can help you review your case and determine if it qualifies.
How long does a legal malpractice case take in Georgia?
An attorney malpractice claim may take several months to a few years, depending on the complexity and whether the insurer is willing to negotiate.
What if my former lawyer tried to hide their mistake?
If your attorney hid their mistake, the deadline to file a claim may be extended. In these instances, reach out to an Atlanta legal malpractice lawyer as soon as possible.
Do I need another lawyer to testify against my former attorney?
Yes, malpractice cases require guidance from an expert legal malpractice attorney to prove how your original attorney made a mistake.
Can I file a malpractice claim if I already settled my original case?
Yes, if you believe your attorney pressured you into a low settlement or didn’t give proper advice, you may still have a malpractice claim.
Get Help From an Atlanta Legal Malpractice Lawyer Today
If you believe that attorney malpractice cost you your case, Graham Scofield Injury Lawyers is here to help. Our team will review your underlying case, explain your legal options, and guide you through the process with honesty and transparency.
We represent clients throughout Atlanta, Sandy Springs, Decatur, Marietta, and the surrounding Georgia communities. Trust us to help you pursue accountability and recover the losses you’ve suffered.
Contact our Atlanta legal malpractice team today for a free, confidential consultation.
Call Now for a Free Legal Malpractice Consultation — (404) 939-9470
