COMPLAINT FOR LEGAL MALPRACTICE

IN THE [_______________] COURT OF [_______________] COUNTY

STATE OF [_______________]

Case No.: [________________________________]

PLAINTIFF:
[________________________________]

v.

DEFENDANT:
[________________________________], Attorney at Law

COMPLAINT FOR LEGAL MALPRACTICE

(Professional Negligence / Breach of Fiduciary Duty)

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, hereby complains against Defendant, [________________________________] ("Defendant"), and alleges as follows:

I. PARTIES

1. Plaintiff [________________________________] is an individual residing at [________________________________], City of [________________________________], County of [________________________________], State of [________________________________].

2. Defendant [________________________________] is an attorney licensed to practice law in the State of [________________________________], Bar Number [________________________________], with a principal place of business at [________________________________].

3. At all times relevant hereto, Defendant was engaged in the practice of law and held himself/herself out as competent to provide legal services to the public.

II. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to [________________________________].

5. Venue is proper in this Court because:
   ☐ Defendant resides in this county
   ☐ Defendant's principal place of business is in this county
   ☐ The acts giving rise to this action occurred in this county
   ☐ Other: [________________________________]

III. FACTUAL BACKGROUND

A. The Attorney-Client Relationship

6. On or about [__/__/____], Plaintiff retained Defendant to provide legal services regarding [________________________________].

7. Defendant agreed to represent Plaintiff in consideration for:
   ☐ Hourly fees at the rate of $[____] per hour
   ☐ A flat fee of $[________________________________]
   ☐ A contingency fee of [____]% of any recovery
   ☐ Other fee arrangement: [________________________________]

8. The scope of representation included: [________________________________]

9. A written retainer agreement was:
   ☐ Executed on [__/__/____]
   ☐ Not executed, but representation was agreed upon orally

B. The Underlying Legal Matter

10. The underlying legal matter for which Plaintiff retained Defendant involved: [________________________________]

11. The opposing party/parties in the underlying matter was/were: [________________________________]

12. The underlying matter was pending in: [________________________________] Court, Case No. [________________________________].

C. Defendant's Negligent Conduct

13. During the course of representation, Defendant engaged in the following negligent acts and/or omissions:

☐ Failed to file necessary pleadings within applicable deadlines
☐ Failed to conduct adequate legal research
☐ Failed to properly investigate the facts of the case
☐ Failed to timely respond to discovery requests
☐ Failed to appear at scheduled court hearings
☐ Failed to communicate with Plaintiff regarding the status of the matter
☐ Failed to advise Plaintiff of settlement offers
☐ Failed to obtain Plaintiff's consent before making critical decisions
☐ Provided incorrect legal advice regarding [________________________________]
☐ Failed to identify and pursue valid claims or defenses
☐ Missed the statute of limitations for filing claims
☐ Failed to properly preserve evidence
☐ Failed to prepare adequately for trial
☐ Other: [________________________________]

14. Specifically, Defendant: [________________________________]

15. The negligent conduct occurred on or about [__/__/____].

IV. FIRST CAUSE OF ACTION: PROFESSIONAL NEGLIGENCE (LEGAL MALPRACTICE)

16. Plaintiff incorporates by reference paragraphs 1 through 15 as if fully set forth herein.

17. By accepting Plaintiff's retainer and agreeing to represent Plaintiff, Defendant owed Plaintiff a duty of care to exercise the skill, prudence, and diligence that lawyers of ordinary skill and capacity commonly possess and exercise in the performance of the tasks they undertake.

18. Defendant breached this duty of care by engaging in the negligent acts and omissions described above.

19. Defendant's breach of the duty of care was a proximate cause of Plaintiff's injuries and damages.

20. But for Defendant's negligence, Plaintiff would have prevailed in the underlying matter, or would have obtained a more favorable outcome.

21. As a direct and proximate result of Defendant's negligence, Plaintiff has suffered damages including, but not limited to:

☐ Loss of the underlying legal matter
☐ Loss of monetary recovery in the amount of $[________________________________]
☐ Additional legal fees incurred to remedy Defendant's errors: $[________________________________]
☐ Lost business opportunities valued at $[________________________________]
☐ Emotional distress
☐ Other: [________________________________]

22. Plaintiff's total damages are in an amount to be proven at trial, but believed to exceed $[________________________________].

V. SECOND CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY

23. Plaintiff incorporates by reference paragraphs 1 through 22 as if fully set forth herein.

24. As Plaintiff's attorney, Defendant owed Plaintiff fiduciary duties of loyalty, confidentiality, full disclosure, and the duty to act in Plaintiff's best interests.

25. Defendant breached these fiduciary duties by:

☐ Engaging in a conflict of interest
☐ Failing to disclose material information
☐ Placing Defendant's interests above those of Plaintiff
☐ Disclosing confidential information without authorization
☐ Self-dealing in connection with the representation
☐ Other: [________________________________]

26. As a direct and proximate result of Defendant's breach of fiduciary duty, Plaintiff has suffered damages as described above.

VI. THIRD CAUSE OF ACTION: BREACH OF CONTRACT

27. Plaintiff incorporates by reference paragraphs 1 through 26 as if fully set forth herein.

28. Plaintiff and Defendant entered into a valid and enforceable contract for legal services.

29. Plaintiff performed all conditions precedent to Defendant's performance, including payment of fees in the amount of $[________________________________].

30. Defendant breached the contract by failing to provide competent legal representation as agreed.

31. As a direct and proximate result of Defendant's breach, Plaintiff has suffered damages as described above.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

1. Compensatory damages in an amount to be proven at trial;

2. Consequential damages;

3. Disgorgement of all fees paid to Defendant, in the amount of $[________________________________];

4. Pre-judgment and post-judgment interest at the maximum legal rate;

5. Costs of suit incurred herein;

6. Attorney's fees as permitted by law;

7. Punitive damages (if supported by evidence of fraud, malice, or oppression);

8. Such other and further relief as the Court deems just and proper.

VIII. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

Dated: [__/__/____]

Respectfully submitted,

_________________________________________
[Attorney Name], Esq.
[Bar Number]
[Law Firm Name]
[Address]
[City, State ZIP]
[Phone]
[Email]

Attorney for Plaintiff

VERIFICATION

I, [________________________________], am the Plaintiff in the above-captioned action. I have read the foregoing Complaint and know the contents thereof. The same is true of my own knowledge, except as to matters therein stated upon information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of [________________________________] that the foregoing is true and correct.

Executed on: [__/__/____]

_________________________________________
[Plaintiff Name]

CHECKLIST FOR FILING

☐ Complaint reviewed and signed by attorney of record
☐ Filing fee paid or fee waiver obtained
☐ Summons prepared for issuance
☐ Copies made for all parties
☐ Certificate of service prepared
☐ Statute of limitations verified (typically 1-6 years depending on jurisdiction)
☐ Expert affidavit requirement checked (required in some jurisdictions)
☐ Certificate of merit requirement checked (required in some jurisdictions)
☐ Underlying case documents preserved and organized
☐ Damages documentation gathered

JURISDICTION NOTES

Statutes of Limitations (Examples):
- California: 1 year from discovery, 4 years maximum (CCP § 340.6)
- Texas: 2 years (Tex. Civ. Prac. & Rem. Code § 16.003)
- New York: 3 years (CPLR § 214(6))
- Florida: 2 years (Fla. Stat. § 95.11(4)(a))

Expert Affidavit Requirements:
Some jurisdictions require an expert affidavit or certificate of merit at the time of filing or shortly thereafter. Check local rules.

This template is provided for informational purposes only and does not constitute legal advice. Legal malpractice cases are complex and highly fact-specific. Consult with a qualified attorney before proceeding.