Legal Malpractice

Can I Sue My Lawyer for Breach of Contract?

By Sachi Barreiro, Attorney, University of San Francisco School of Law

A legal malpractice lawsuit is based on the lawyer’s negligence: the failure to live up the general standards that we expect from lawyers. However, you can also sue your lawyer for breaching a specific promise in your retainer agreement. A retainer agreement is a contract between you and your lawyer, explaining the role, expectations, and obligations of each party. If your lawyer broke a promise in the contract, you may have a breach of contract claim in addition to a negligence claim. (To learn more, see our breach of contract page.)

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