Sioux Falls Legal Malpractice Litigation Attorney

When hiring an attorney, you need to trust that they are fighting for your best interests and that they will stand by your side no matter how difficult a case you bring them. Oftentimes, lawyers fail to uphold a standard level of care that they are obligated to fulfill for their clients and they could be held accountable. 

Our trusted team of legal malpractice attorneys at OMQ Legal is committed to providing you with the best legal support possible and ensuring that you receive the justice you deserve. If you believe you have a legal malpractice case on your hands, contact OMQ Legal to speak with one of our legal malpractice attorneys today. 

What Is Legal Malpractice?

When a lawyer provides insufficient legal representation that another attorney would have reasonably provided, resulting in the harm of the client, it is considered legal malpractice. This can be due either to negligence or intentional misconduct by the attorney. 

In order for legal malpractice to occur, there must be an existing attorney-client relationship met by a contract or a formal agreement. A contract requires an attorney to act in the best interest of their client. The attorney must have breached the duty by failing to uphold a standard level of care that would have otherwise been met by a competent, professional attorney. This can include things like missing deadlines or giving incorrect legal advice to the client. 

It also must be proven that there was a direct link between the attorney’s negligence or misconduct and any harm suffered by the client. If the client suffered any financial loss, additional legal expenses, or other damages as a direct result of the attorney’s actions, this could constitute a breach of duty and therefore, legal malpractice.

If you believe you have been the victim of legal malpractice, contact OMQ Legal to speak to one of our legal malpractice attorneys today. Legal malpractice litigation is often complex, and having an experienced lawyer by your side could make all the difference in your case. The statute of limitations for filing a legal malpractice claim is 3 years since the discovery of the malpractice. We strongly encourage you to consult with one of our legal malpractice attorneys as early as possible to start building your case. 

Common Examples of Legal Malpractice

As previously mentioned, legal malpractice could either be due to negligence, or intentional misconduct. There are many different examples of what could constitute legal malpractice.


When an attorney is either unwilling or unable to provide a standard level of care, knowledge, and expertise that another professional would provide otherwise in similar circumstances, it is considered negligence. Missing deadlines and not conducting the proper research for a client’s case are two primary examples of malpractice in legal malpractice litigation. 

Breach of Duty

Lawyers are obligated to act in the best interests of their clients. If an attorney has their own interests in mind, they may provide their clients with questionable legal advice that aims to benefit themselves rather than the client. Any instance where an attorney acts without their clients best intentions in mind could be considered a breach of fiduciary duty.

Conflicts of Interest

When an attorney’s personal interests differ from those of their clients, a conflict of interest could arise. If an attorney were to allow their personal interests to cloud and interfere with the way they handle their clients case, this is an example of legal malpractice resulting from a conflict of interest. 

Failure to Know the Law

Attorneys are expected to be knowledgeable about the laws relevant to their client’s case. When an attorney is unfamiliar with the law and offers incorrect legal advice, misinterprets statutes, and fails to apply the law, it can be considered legal malpractice. 

There are many different ways in which an attorney may engage in legal malpractice. If a lawyer handles your case lazily, provides incorrect legal advice, or breaches their duty in any way, you may need to consult with a legal malpractice attorney. The legal malpractice attorneys at OMQ Legal will be able to provide you with a thorough evaluation of your case and offer top-tier, professional legal support. 

What Are the Possible Outcomes of Legal Malpractice Cases?

Legal malpractice litigation can be complicated. They can often result in lengthy and challenging legal procedures that extend beyond the courtroom. Before a case goes to trial, both parties may attempt to reach a settlement out of court to reach a quicker solution. The pre-trial procedures may include depositions, expert witnesses, and interrogatories - questions that must be answered under oath. 

If the case does end up going to trial, both parties will present all evidence in court and wait for the jury to deliberate and return a verdict. Proving causation between a lawyer’s negligence and the client’s harm is often challenging and these cases can be financially and emotionally taxing. 

Most legal malpractice cases are settled out of court to avoid the turmoil and to save time and money. It is worth noting that only 23% of clients who bring forward a legal malpractice claim win in court. Plaintiffs may be awarded compensatory damages if they do win. 

If you are suffering from the misconduct or negligence of another attorney, contact OMQ Legal today to speak with one of our trusted legal malpractice attorneys. If you are counsel for a client who you believe has been the victim of legal malpractice and you wish to consult on the matter, please call us. Our firm handles legal malpractice cases for both individuals and businesses in Sioux Falls and beyond.

What Are the Most Common Legal Malpractice Claims?

As we mentioned earlier, there are a number of different things that could be considered legal malpractice. Whether due to negligence or misconduct, it is unacceptable for a client to suffer due to their attorney’s wrongdoing. Here are some of the most common reasons people file a legal malpractice claim:

  • Missed Deadlines: Attorneys failing to meet deadlines could prevent a case from even being pursued. The statute of limitations for these cases is typically 3 years from the discovery of the malpractice. Not filing the proper paperwork and missing critical deadlines could result in harm for the client. 
  • Failure to Know and Apply the Law: Attorneys are expected to be knowledgeable of the law relevant to their client’s case. Not applying the law or failing to know relevant legal principles that a reasonable attorney would have applied is considered legal malpractice. 
  • Inadequate Research: If an attorney’s insufficient understanding of the law and inability to conduct thorough research result in an unfavorable outcome for the client, the attorney may be held liable. 
  • Failure to Obtain Client Consent: Any instance of an attorney acting against the client’s wishes or without their consent can be grounds for a legal malpractice claim. 
  • Conflict of Interest: Representing clients with opposing interests can interfere with an attorney’s decision making and affect their ability to provide unbiased representation. 
  • Fraud: Misuse of client funds or falsifying documents is grounds for a legal malpractice claim. 
  • Poor Communication. Maintaining clear and effective communication with clients is expected of attorneys. Failure to keep clients informed or provide them with clear legal options can lead to a legal malpractice claim. 
  • Breach of Duty: An attorney who prioritizes their own interests over the interests of the client is subject to legal malpractice.  

There are several different reasons why an individual may want to file a legal malpractice claim. Whatever the reason may be, we encourage you to reach out to OMQ Legal for legal support. We understand the financial and emotional toll that being a victim of legal malpractice can have on an individual. We trust our lawyers to look out for us and have our best interests in mind. When that trust is broken, it can be extremely damaging for the client. We are committed to providing unwavering legal representation and helping you secure the compensation that you deserve. Contact us today to speak with an experienced legal malpractice attorney. 

Reach out to OMQ Legal for Your Legal Malpractice Claim

If you have been wronged by an attorney and suspect legal malpractice, reach out to OMQ Legal to see how our dedicated team of legal malpractice attorneys can help you build your case. Legal malpractice litigation is often complicated and long-lasting. We can offer you the premier legal support that you need to get through these challenging times. 

We represent clients in legal malpractice cases on an hourly fee basis, a contingent fee basis, and a mixed hourly and contingent fee basis (sometimes called “hybrid” fees). We also routinely undertake analysis of legal malpractice on a flat fee or “do not exceed” basis.

Do not hesitate. The quicker you take action, the quicker we will be able to start gathering evidence and building a case. Call the legal malpractice attorneys at OMQ Legal today for a thorough evaluation of your case.

Frequently Asked Questions

What should I do if I suspect legal malpractice by my lawyer in South Dakota?

If you suspect legal malpractice, gather all relevant documents and contact a legal malpractice lawyer promptly. In South Dakota, there are specific statutes of limitations for filing a claim, so timely action is crucial. Our Sioux Falls-based attorneys can provide a thorough evaluation of your situation.

Can businesses file legal malpractice claims in Sioux Falls?

Yes, businesses can file legal malpractice claims if they have suffered due to their attorney's negligence. Our firm handles complex legal malpractice cases for both individuals and businesses in Sioux Falls and beyond. We understand the unique challenges business owners face in these situations.

What are the potential outcomes of a legal malpractice lawsuit?

Outcomes of legal malpractice lawsuits can vary but may include financial compensation for damages, such as lost settlements or additional legal fees incurred. Each case is unique, and our Sioux Falls legal malpractice attorneys can provide guidance on the potential outcomes based on your specific circumstances. If you need personalized advice, please contact us.

Additional Information in Sioux Falls, South Dakota

Sioux Falls Legal Malpractice Litigation Attorney

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140 N. Phillips Ave. Suite 203
Sioux Falls, South Dakota 57104
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