The 4 Things You Need for a Strong Legal Malpractice Case
Hiring a lawyer should give you peace of mind. But when your attorney makes a serious mistake, it can cost you more than just your case—it can cost you real money, future opportunities, and trust in the legal system.
Unfortunately, not every bad legal outcome is malpractice. Courts hold attorneys to a high standard, but they don’t punish lawyers simply for losing a case. And while our firm handles a wide range of legal malpractice matters, we do not typically take cases where the underlying representation involved criminal defense or family law.
If you think you were harmed by attorney negligence, these are the four things you absolutely need to have a strong legal malpractice case in Kansas or Missouri.
Why Legal Malpractice Cases Are Hard to Win
Legal malpractice claims aren’t like typical personal injury cases. The law protects attorneys from being sued just because a client is unhappy with the result. To win, you have to prove your former lawyer clearly violated professional standards and that you suffered real financial harm because of it.
These cases often require:
- Expert testimony from another attorney about the mistake,
- A deep dive into your original case, and
- Strong evidence showing exactly how the lawyer’s mistake cost you money.
If you’re missing even one of the four elements below, your claim likely won’t succeed.
1. A Lawyer-Client Relationship (and Proof of It)
You can only sue for malpractice if the attorney actually represented you. A signed fee agreement is best, but invoices, emails, or even text messages can help prove the lawyer owed you a legal duty.
2. Clear Evidence the Lawyer Messed Up
This is what lawyers call a “breach of the standard of care.” Losing a case isn’t malpractice by itself—lawyers aren’t fortune tellers. But missing a filing deadline, having a clear conflict of interest, blowing a statute of limitations, or ignoring basic court rules? Those are mistakes no reasonable attorney should make.
3. Proof You Would Have Won (or Done Better) Without Their Mistake
This is often the toughest part. To win a legal malpractice claim, you have to prove the “case within the case.” In other words, if your attorney had done their job right, you would have “won”—or at least received a better financial result.
4. Economic Damages You Can Actually Recover
Even if your lawyer clearly messed up, you still need to show financial harm. In Kansas and Missouri, non-economic damages like pain, suffering, or emotional distress generally aren’t available in legal malpractice cases.
What you can recover are economic damages—money you lost or missed out on because of your attorney’s negligence. This often includes:
- Legal fees you had to pay to fix the mistake,
- Money you should have won in your original case or transaction, or
- Lost future income or business opportunities.
If you can’t prove actual financial damages, you don’t have a malpractice case—no matter how frustrated you are with your lawyer.
Frequently Asked Questions About Legal Malpractice
Can I sue my lawyer for emotional distress?
Generally, no. Kansas and Missouri do not allow recovery for pain, suffering, or emotional distress in legal malpractice cases. Your claim must be based on economic losses.
What if my lawyer just gave me bad advice?
Bad legal advice might be malpractice if no reasonable attorney would have given it—and if it cost you money. But strategy disagreements or losing a case aren’t enough on their own.
How long do I have to file a legal malpractice lawsuit?
Time limits vary. In Kansas, you generally have two years. In Missouri, you generally have five years from when you discovered (or should have discovered) the malpractice. Waiting too long can ruin your claim.
Think You Might Have a Case?
Legal malpractice claims are complex and tough to win, but if you have these four elements, you may be entitled to compensation. Our firm has successfully taken on some of the biggest law firms in the region—and won.
Schedule a consultation with a Kansas City legal malpractice attorney today.