Frequently Asked Questions

This page answers some of the most commonly asked questions about legal malpractice in Louisiana. Should you wish to investigate deeper definitions of legal malpractice, please visit our Legal Malpractice Resource Center.

What is considered malpractice for an attorney?

Legal malpractice includes a multitude of scenarios that may be difficult to discern without the advice of a legal malpractice attorney. These include violation of attorney-client privilege, ignoring a conflict of interest, agreeing to a settlement you didn’t authorize, overbilling or unethical billing, clerical error, insufficient knowledge or application of law, lapse in filing documents in a timely manner, fraud, refusal to follow client instructions, or even ineffectual strategizing.

To learn more about specific types of legal malpractice, visit our Legal Malpractice Resource Center.

How can you sue a lawyer for misconduct?

Four sequential tenets comprise a legitimate legal malpractice case. To win a legal malpractice case, we must show that an attorney-client relationship was contractually established, that the lawyer showed a breach of duty with the client, that the lawyer’s negligence or malfeasance was direct causation for you losing your case, and that your lost case resulted in financial damages to your business or person.

How can you sue a lawyer for overbilling?

Overbilling is a common form of legal malpractice with subtle differences, all of them unethical or negligent. Overbilling a client may mean “padding” hours, double billing (billing two clients for the same hour of work), billing for business overhead (meals or overtime), and billing attorney rates for non-attorney tasks (this commonly looks like billing the client the steeper lawyer’s hourly rate for work that a paralegal or assistant completed).

I think I’ve suffered from legal malpractice in Louisiana – what areas do you serve?

If you live in Louisiana, we’re ready to assist you with your case. We are founded and based in Baton Rouge, but serve businesses and individuals in New Orleans, Lafayette, and beyond.

How else can I learn about what constitutes legal malpractice in Louisiana?

Our team at Pittenger Law Firm has created an intensive resource page that provides examples of what constitutes legal malpractice and how you may be able to identify it. Check out our Legal Malpractice Resource Center.

What happens after I complete a consultation with Pittenger Law Firm?

Our team will advise you honestly of your possible next steps. If your case fulfills the four elements of legal malpractice, you will have the option to move forward with signing a representation agreement. The four elements that must be proven for a winning case are that an attorney-client relationship was contractually established, that the lawyer breached their duty of care for the client, that the lawyer’s mistake was direct causation for you losing your case, and that your lost case resulted in financial damages to your business or person.

What types of damages can I ask for in a legal malpractice suit in Louisiana?

The goal of a legal malpractice case is to attempt to return you to where you would be if the mistake had never been made by your attorney. You could be entitled to damages for a benefit that you were not able to obtain because of your attorney’s mistake. You could also be entitled to damages for any money you lost or were forced to pay as a result of the mistake. You may even be entitled to recover any damages that you should have received in your original Baton Rouge or New Orleans case. An experienced legal malpractice attorney can guide you in what types of damages to ask for.

If my damages are only a few thousand dollars, is it worth it to pursue my malpractice case?

Legal malpractice cases are incredibly time-consuming, complicated cases with the expense of hiring a legal malpractice attorney. It is usually not financially feasible to pursue a legal malpractice claim if the damages involved are minimal.

What does it mean when a jury is “backward looking”?

Legal malpractice cases are complicated, especially because juries are instructed to consider not only the facts of what happened in your original case, but also attempt to understand what would have happened if your attorney had not made the mistakes that he or she did. A skilled Baton Rouge legal malpractice attorney will be able to explain how your original case affects your malpractice case to both you and a Louisiana jury.

Am I allowed to fire my attorney after I’ve signed an agreement?

You have the right to fire your attorney at any time, even if your fee agreement says otherwise. However, your attorney may be entitled to certain remedies, depending on whether or not a judge finds that the termination was for good cause.

What consequence could I face for firing my attorney?

If your lawyer breached your contract in any way, then you have good cause and the attorney may have to forfeit his or her right to any compensation at all from you. If you did not have good cause to fire your lawyer, then they may be able to recover the full amount of compensation owed.

Are all lawyers in Louisiana required to carry liability insurance?

Unfortunately, attorneys are not required by law to carry professional liability insurance in Louisiana. This lack of insurance may not affect a client’s right to file and win a legal malpractice case. However, it can create a huge problem when it comes to collectability. Your Baton Rouge legal malpractice attorney can help you determine the collectability of your claim’s potential judgment.

If my attorney does have liability insurance, will my claim automatically be covered?

Not all types of legal malpractice are covered under all professional liability insurance policies.

For more information on legal malpractice claims In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Pittenger Law Firm at (225) 930-4901.