Legal Malpractice Lawyers In Kansas City
When a trusted advisor’s catastrophic error derails an underlying legal case, the sense of betrayal is profound. You trusted your lawyer to protect your business, your family, or your real estate investments, but instead, their severe negligence caused massive financial loss.
At Carter Law Offices, we know that many law firms refuse to sue their peers. We do not share that hesitation; we possess the elite trial skill and raw courage necessary to hold negligent lawyers accountable.
Our legal malpractice lawyers expose negligence and incompetence by other attorneys that cause financial loss to individuals, families and small business owners across the Kansas City metro (including Jackson, Clay and Platte counties in Missouri and Johnson and Wyandotte counties in Kansas).
What Is Legally Required to Prove Attorney Malpractice in Missouri?
Legal malpractice refers to the incompetent or unethical handling of a criminal or civil case, not whether your attorney failed to win. In general, legal malpractice is a function of whether your attorney violated their fiduciary duty towards you or failed to adhere to professional and ethical standards that govern the legal profession. Additionally, it must be demonstrated that a lawyer’s incompetent or negligent actions directly caused financial harm to a client.
While each case is different, in general, the following kinds of catastrophic failures on the part of an attorney constitute legal malpractice:
- Missing deadlines or the statute of limitations
- Failure to file a motion in time
- Mistakes in drafting contracts and other legal documents
- Agreeing to a settlement without your permission
- Violating rules of discovery can lead to the barring of evidence at trial
- Mistakes in interpreting the law
- Operating with a severe conflict of interest
Many law firms lack the courage to sue their peers when such catastrophic failures occur. However, our elite trial lawyers possess the undeniable corporate background and formidable skill necessary to hold negligent attorneys accountable for your financial losses.
Missouri Legal Malpractice Statute Of Limitations
As in other kinds of personal injury and civil actions, there is a strict statute of limitations on legal malpractice. Since important information can disappear and memories fade, it’s important to call us sooner rather than later if you believe your attorney provided negligent or incompetent representation.
Steps To Take Immediately To Protect Your Malpractice Claim
We strongly advise following these essential steps before your former law firm realizes a claim is imminent, and then contacting our elite trial lawyers who have the raw courage to sue their peers.
- Demand your complete, original client file: Secure your physical property. Under Missouri ethics rules, the legal file belongs to the client from cover to cover, including research memos and internal work product, provided the client has compensated the attorney for any direct out-of-pocket expenses incurred to obtain specific file materials, such as transcript costs.
- Archive external communications independent of the firm: Preserve your communications. Save and back up all personal text messages, voicemails, emails, and financial receipts involving your interactions with the previous lawyer or their staff. These items document timelines, broken promises, and unauthorized settlement agreements.
- Do not sign any liability waivers or releases: Mitigate further damage. If your previous attorney realizes they made a catastrophic error (such as missing a filing deadline), they may offer a small refund or a discounted bill in exchange for signing a release form. Never sign anything from your former firm without an independent review by an outside malpractice attorney.
When you suspect your lawyer’s severe negligence has affected your case, taking swift action is critical to preserving your right to recover those massive financial losses.
Legal Malpractice FAQs
Suffering the consequences of legal malpractice can cause feelings of injustice, loss and vulnerability. We have compiled several FAQs that many of our clients ask about the filing of a claim.
What is the statute of limitations for a legal malpractice lawsuit in Missouri and Kansas?
The Missouri statute of limitations is five years from the date the damages are ascertained. The statute of limitations in Kansas is two years, plus a very strong four-year absolute repose period that bars claims regardless of when the damage was discovered.
What is the ‘case-within-a-case’ standard, and why does it make malpractice claims complex?
Proving that your previous attorney made a severe, negligent mistake is only half the battle. To win a legal malpractice lawsuit in the Kansas City area, you must satisfy an exacting evidentiary framework known as the “case-within-a-case” standard. Under this rule, you must prove that had your original attorney acted competently, you would have won the underlying lawsuit or walked away with a substantially larger recovery.
Is a bad outcome or a loss at trial automatically considered legal malpractice?
No. In the legal system, there are no guarantees, and simply losing a trial or receiving an unfavorable ruling from a judge does not mean your attorney committed malpractice. The law allows for reasonable differences in legal strategy, courtroom tactics, and interpretations of complex laws.
Contact Our Legal Malpractice Attorneys
Don’t let your former attorney convince you that they did everything possible to provide competent representation of your interests. Our collective mission at Carter Law Offices is to make a positive difference in the lives of the people we serve, and each member of our team is dedicated to seeing you achieve the best possible results through decisive legal action.
If you suspect you have been the victim of legal malpractice, call us at 816-283-3500 or use the online form today to schedule a free consultation to discuss your case.