Practice Areas

Legal Malpractice Attorney

The St. Louis, MO legal malpractice attorneys of Burger Law have dedicated their lives to standing up against bullies, seeking justice and demanding compensation. If a negligent lawyer did not give you the legal representation you deserve, we will hold that lawyer accountable.

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Standing up to bullies

Legal Malpractice Attorney St. Louis and Missouri

Legal Malpractice Attorney in St. Louis and Missouri. No matter your circumstances, you have a right to the highest standard of legal advocacy. If a negligent lawyer or one who committed misconduct robbed you of that right, call a St. Louis-based Missouri legal malpractice attorney at Burger Law now at (314) 500-HURT or fill out our online form.

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We know it can be difficult to trust an attorney again after they betrayed that trust, but Burger Law stands up to bullies no matter where they come from. Our legal malpractice attorneys have dedicated their lives to seeing wrongs made right and securing the compensation to make St. Louis and Missouri individuals and families whole. It can be distressing when an attorney's negligence keeps you from getting the results you deserved, especially in cases where you have long-term or permanent damages such as in civil cases medical malpractice, wrongful death or devastating truck accident claims. The good news is that you may still be able to recover the restitution you deserve if you lost your case because of your lawyer's negligence.

According to the Missouri Department of Insurance's 2020 Legal Malpractice Report, that year there were 138 legal malpractice claims closed, resulting in 63 total payouts totaling $11.6 million. While legal malpractice cases are much less common than medical malpractice claims, they are generally not nearly as difficult to win. Right or wrong, juries sympathize with doctors much more than with negligent lawyers. Regardless, the defendant in your legal malpractice claim will be well-versed in the law and the court system and will have access to a wealth of resources. That is why you need a dedicated, tenacious and experienced St. Louis legal malpractice attorney by your side who will stand up for you and hold a negligent lawyer accountable. Call Burger Law now at (314) 500-HURT.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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We Deliver Great Results

Over $170 Million won for our clients


$113,714,632 Missouri Correctional Officers Class Action

$113.7 Million


$113.7 Million Missouri Correctional Officer Class Action Suit A Cole County Jury returned a verdict ...

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$5,000,000 Settlement - Father Killed by Reckless Truck Driver

$5 Million


Personal Injury Lawyer, Gary Burger and Burger Law represented a family of a man killed ...

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$3 Million Judgment - Son Murdered by Pam Hupp

$3 Million


$3 Million Judgment. Gary Burger represented Margaret Burch, the mother of murder victim Louis Gumpenberger. ...

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$2.5 Million Settlement for Father's Fatal Car Accident

$2.5 Million


$2.5 Million Wrongful Death Settlement For Daughters of Fatal Car Accident Victim Gary Burger of ...

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Multi-Car Crash Caused by Debris from Commercial Truck - $2,000,000 Settlement

$2 Million


The St. Louis area personal injury attorneys at Burger Law represented a woman who swerved ...

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Injured Woman Settles Highway Crash Lawsuit - $2,000,000 Settlement

$2 Million


In addition to the above case, you need to be creative in finding insurance in ...

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We demand justice after you have been cheated

Can I Sue My Lawyer for Legal Malpractice in St. Louis, MO?

That depends on the specifics of your case. Unfavorable results, or an ineffective legal strategy, do not necessarily constitute legal malpractice. You can make a claim against a previous lawyer based on:

  • Negligence

    The most common example of negligence in a legal malpractice case is missing a deadline, whether because the statute of limitations expired, they failed to respond to a motion to dismiss, or they failed to file an appeal on time. Other examples of negligence in legal malpractice could include:

    • Taking a type of case with which an attorney has no training or experience
    • Failing to learn the facts of the case
    • Failing to attend court hearings
    • Offering bad legal advice that a reasonable and prudent attorney would not
    • Embezzling clients' funds
    • Serious errors in interpreting the law
    • Agreeing to a settlement before all of your damages are known
  • Breach of contract

    A breach of contract refers to an attorney failing to fulfill the obligations they agreed to and signed when your client-attorney relationship was established. Examples can include:

    • Accepting a settlement, deal or other agreement without your permission
    • Fee disputes
    • Discontinuing representation without notifying you
    • Violating attorney-client privilege
  • Breach of the American Bar Association's Model Rules of Professional Conduct

    The American Bar Association has strict rules against attorney misconduct in order to maintain the integrity of the profession. When your legal malpractice attorney can show that another St. Louis or Missouri lawyer broke the rules, it can be grounds for a legal malpractice claim.

If you have any doubts about the merits of your case or have any questions about how to go about making a claim, please call an experienced and knowledgeable legal malpractice attorney at Burger Law today at (314) 500-HURT. You will not be treated like you were in the past; we will stand by your side, always be straightforward and honest with you and give you the aggressive and expert legal representation you should have received in the first place.

Breach of Fiduciary Duty vs. Negligence in Legal Malpractice Claims

Breach of Fiduciary Duty vs. Negligence in Legal Malpractice Claims in St. Louis and Missouri

A fiduciary duty is a commitment to act in the best interest of someone else, not your own. When a client-attorney relationship is formed, attorneys are ethically and legally bound to do what is best for you and to act in good faith. If they violate that duty, for example encouraging you to pursue a case that is unlikely to be successful just so they can collect attorneys' fees, or failing to disclose a conflict of interest, then they can be held liable for any damages you incurred. Missouri differentiates between legal malpractice claims and breach of fiduciary duty claims.

In a legal malpractice claim, your compensation would be the difference between what you recovered in your previous case and what would have been recovered if your attorney had not been negligent. For example, if a negligent attorney recovered $20,000 for you in a car accident claim, but a reasonable attorney could have gotten you $100,000, then your damages would amount to $80,000. That's because negligence cases in St. Louis and Missouri — like legal malpractice — are based on the concept of a claimant being made whole, meaning they are in the same position they would have been in if not for the other person's negligence. In a negligence legal malpractice claim, your legal malpractice attorney must prove that, "but for the attorney’s negligence, the result of the underlying proceeding would have been different." Collins v. Missouri Bar Plan, 157 S.W.3d 726, 732 (Mo. App. 2005).

According to Klemme v. Best, 941 S.W.2d 493, 496 (Mo. banc 1997), in a breach of fiduciary duty claim, your St. Louis-based Missouri legal malpractice attorney does not have to prove that the underlying proceedings would have been different, or demonstrate that the other lawyer was negligent. They simply have to show that they purposefully did not act in your best interest. The compensation available may also include punitive damages for extreme misconduct or intentional harm, and noneconomic damages for mental anguish.

The only thing that infuriates your Missouri legal malpractice attorney at Burger Law more than a negligent lawyer is one who intentionally mistreats their clients and betrays their trust. We seek justice wherever we can and are dedicated to seeing those harmed by others rightfully compensated. Call Burger Law today at (314) 500-HURT for a free consultation for your St. Louis, Missouri legal malpractice claim.

We Fight on Your Behalf When You Are Most Vulnerable

We Fight on Your Behalf When You Are Most Vulnerable

We offer the highest standard of legal advocacy

How Do You Prove a Legal Malpractice Claim in St. Louis, Missouri?

There are three elements you need to demonstrate in order to prove negligence in any civil claim, including legal malpractice:

1. An Attorney-Client Relationship Existed

In any tort claim, you must demonstrate that there was a duty of care, meaning that someone had a responsibility toward you. In a legal malpractice claim, that means establishing that an attorney-client relationship existed. This step is as easy as producing a contract. If you did not have an attorney-client relationship, for example if you got bad advice from a lawyer at a dinner party or from some you read on their website, you would not be able to make a legal malpractice claim.

2. Breach of Duty

You then must demonstrate that that duty of care was violated. That can mean that the lawyer was negligent, breached your contract, is guilty of misconduct or breached their fiduciary duty. This can sometimes be difficult to prove and will be hotly contested by the defendant. They will try to claim that a reasonable and prudent lawyer would have taken the same steps that they had.

3. Causation and Damages

Finally, your legal malpractice attorney must demonstrate that the negligence or misconduct on the part of the lawyer caused you financial damages. This is often the most challenging step as it depends on the "case-within-a-case" doctrine. That means that you must prove two claims: the legal malpractice claim you are currently making and the case underlying the malpractice action.

For example, say you are suing a lawyer because they did not properly apply premises liability law that was central to your slip and fall claim. As a result, a jury finds in favor of the property owner you did not recover any compensation for the injuries they caused. In order to win your malpractice claim, you and your legal malpractice attorney will have to demonstrate both that the property owner was indeed liable for your injuries and that the outcome would have been different were it not for your lawyer's negligence.

You can also file a legal malpractice claim if you were the defendant in a different case. For example, in a defective products case, a vendor can only be held liable for a dangerous product if the manufacturer is not known or no longer exists. If you are found liable for somebody's injuries because a negligent lawyer in St. Louis or Missouri did not try to locate the manufacturer, you may have a legal malpractice claim and you might be able to collect the compensation that you were ordered to pay out.

Fortunately, your legal malpractice attorney at Burger Law has experience litigating and winning all types of civil cases in St. Louis and throughout Missouri including auto accidents, medical malpractice, product liability, workers' compensation, dog bites, labor and wage claims and more. We know how to hold negligent actors of all types responsible and get the affected parties the compensation they are owed.

How to File a Legal Malpractice Claim in St. Louis and Missouri

Most people do not have much experience with the legal process, let alone with filing a lawsuit against someone who was supposed to be their legal advocate. If you believe you have been subjected to legal malpractice, you should immediately:

  • Fire your lawyer — If you still have an attorney-client relationship, terminate it so they do not cause more harm than they already have.
  • Gather all of your records — Organize all the records you have concerning your previous case and communication with your former lawyer. According to Missouri Supreme Court Rule 4-1.22, attorneys must retain client files for six years. So if you cannot find all of your records, you can request them.
  • Research legal malpractice attorneys — You obviously do not want to get burned by a lawyer again. It is always worth it to take the time and find a trustworthy and knowledgeable lawyer who will truly stand by your side when you need them to. Look up reviews, talk to family and friends and even call several lawyers to get a feel for how they will treat you and how they will operate.
  • Consult with a legal malpractice attorney — Once you have chosen a new attorney, meet with them to discuss how best to move forward with your case. They may advise seeking an arbitration hearing with the other lawyer or immediately file suit. They may even suggest filing a claim with the Missouri Office of Chief Disciplinary Counsel.
  • Follow the advice of your legal malpractice attorney — While an ethical attorney will always let you make your own decision for how to proceed, it is important to understand your options and any limitations in your claim once you have found an attorney you can trust. As your dedicated legal representative, Burger Law’s legal malpractice lawyers are diligent in presenting and pursing every possible avenue for legal rememdy in your case and always offer sound, carefully weighed counsel to help you make the right decision.

At Burger Law, our legal malpractice team is always honest and always puts one hundred percent of our knowledge, dedication and experience into every case. Our clients matter to us, and we work to keep you consistently informed and give you all the information you need in order to make the best decision for you and your family in St. Louis or anywhere in Missouri. When you hire us, we start working on your case right away, and handle all investigation, documentation and litigation so you can be sure your claim is in good hands. We will not let a negligent attorney get away with cheating you of the legal advocacy you deserve. We are the highest- and most-reviewed law firm in St. Louis, Missouri and throughout the Midwest. Speak to a legal malpractice lawyer today at (314) 500-HURT.

How Long Do I Have to File a Legal Malpractice Claim?

How Long Do I Have to File a Legal Malpractice Claim in Missouri?

The state of Missouri's statute of limitations is the same for almost all tort claims, such as personal injury claims. Generally speaking:

  • According to Missouri Revised Statute §516.120, you have five years from the date of the legal malpractice in St. Louis or elsewhere in Missouri.
  • If you were under the age of 21 at the time of the legal malpractice, or were mentally incapacitated at the time, Missouri Revised Statute §516.170 states that you have five years after the date you turn 21 or that your "legal disability" ends.

While five years may seem like a long time, legal malpractice cases are complicated, and your claim will be vigorously defended against. That is why it is best to reach out to an ethical and determined legal malpractice attorney in St. Louis right away. At Burger Law, our team will fight for you and aggressively pursue the justice and financial compensation you deserve.

Hire a St. Louis, MO Legal Malpractice Attorney | Burger Law

Burger Law's legal malpractice attorney team is proud to stand up for the rights of people and families in St. Louis and throughout Missouri when they need it most. You should not have to bear the consequences when a lawyer fails you and violates their responsibility to you, but you do not have to go through the process of demanding alone. With offices in St. Louis, Chesterfield, Chicago, and Belleville, IL, we are capable of fighting for justice throughout Missouri and Illinois. If a negligent or unethical lawyer did not give you the representation you deserve, call a St. Louis-based Missouri legal malpractice attorney now at (314) 500-HURT or contact us online.

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Real Client Testimonials!

Our legal malpractice and personal injury law firm in St. Louis is dedicated to recovering complete compensation for our clients — people who have experienced loss because of someone else's negligence. We fight hard to defend our clients’ rights against negligent or unethical lawyers and the large corporations and insurance companies that so often take advantage of people when they are at their most vulnerable. They use their resources and power to avoid doing the right thing because they know people often cannot afford to fight back or do not know their legal rights.

It’s our firm’s passion and privilege to fight for the rights and recoveries of our clients. Our hard work is made worth it with each excellent settlement we recover for another deserving client. Here are a few of our clients sharing their stories of success.

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Chris and Sheronica Smith Testimonial

Chris and Sheronica Smith Testimonial

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Christine Major

Christine Major

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DeAndre Redmond

DeAndre Redmond

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George Robinson Testimonial

George Robinson Testimonial

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Our Practice Areas

Our legal malpractice attorneys and expert legal team are proven leaders in the complete range of personal injury claim types in the St. Louis and Missouri areas and locations throughout the United States. Whether you lost a loved one in a tragic drunk driving accident, suffered a debilitating injury on the job, or were mistreated by a lawyer you thought you could trust, the personal injury and legal malpractice lawyers at Burger Law have what it takes to represent claims in all areas of many areas of law.

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Personal Injury

Personal Injury

Car Accidents

Car Accidents

Truck Accidents

Truck Accidents

Wrongful Death

Wrongful Death

Slip and Fall

Slip and Fall

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Personal Injury

Personal Injury

Car Accidents

Car Accidents

Truck Accidents

Truck Accidents

Wrongful Death

Wrongful Death

Slip and Fall

Slip and Fall

Medical Malpractice

Medical Malpractice

Dog Bite

Dog Bite

Product Liability

Product Liability

Workers' Compensation

Workers' Compensation

Everything you need to know

Common St. Louis, MO Personal Injury and Legal Malpractice Questions

The legal malpractice attorneys of Burger Law believe in giving our clients and their families the resources they need to understand their claim and their options. In addition to other free resources we have produced, we share the answers to many commonly asked personal injury questions here. Our lawyers are also available to answer questions for free at (314) 500-HURT.

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How To Choose The Right Personal Injury Lawyer For Me

How do you determine which personal injury lawyer is right for you? As you've undoubtedly heard the disclaimer at the end of TV and radio commercials for law firms: the choice of a lawyer is important and should not be based solely upon advertisements. The key is to speak with the lawyer and de …

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How Long Do I Have to File a Personal Injury Claim?

Do you know how long you have to file a personal injury claim? Or when the best time is to file one? Is it better to do it immediately after your accident or to wait until you know how significantly your injuries have affected your life? These are just the beginning of the string of questions t …

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When to Hire a Personal Injury Lawyer

When To Hire a Personal Injury Lawyer. Accidents and injuries are always unexpected, and it can be hard to know what to do in the aftermath, and how to go about getting compensation for your property damage, medical bills, lost wages and pain and suffering. Burger Law knows how to handle cases and …

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