is it malpractice if your lawyer settles with you but not the insurance company you're suing because he forgot to file on time but told you he did?
2 Answers from Attorneys
Yes, what you've described (if all true) could certainly amount to a finding of attorney malpractice
and be considered for possible sanctions by the state bar to which this errant attorney belongs.
Yes, but depending on the facts (what your case was worth vs what he settled with you for) there may be no damages---problem is if you settled with him and did so without a different lawyer he had a conflict---you should talk with a lawyer.