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Idaho Legal Malpractice Questions & Answers
Q: What can I do if my attorney failed to file papers for my Idaho lawsuit?
I had a lawsuit against the state of Idaho and was working with an attorney. One day, he called and said he forgot to file the necessary papers for the case. When I asked how we could proceed, he stated that there was nothing to be done, and the case was lost. Years later, I heard claims that the... View More 
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James L. Arrasmith
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answered on Oct 22, 2025
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answered on Oct 22, 2025
If your lawyer missed a filing deadline and your case died as a result, that is classic legal malpractice and a breach of fiduciary duty. Your primary civil remedy is a lawsuit against the attorney for the value of the claim you lost—the “case‑within‑a‑case”—plus fees and other... View More
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Q: How to contest a felony conviction due to inadequate legal representation?
My boyfriend was convicted of a felony charge of "attempted strangulation" and is in jail without bail until his sentencing in December. His lawyer did not adequately represent him during the trial due to diminished capacity following a major car accident. The lawyer failed in several... View More
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James L. Arrasmith
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answered on Oct 14, 2025
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answered on Oct 14, 2025
You still have several avenues to challenge this verdict despite what trial counsel told you. If you are within 14 days of the verdict, move now for a new trial under Idaho Criminal Rule 34 based on ineffective assistance and evidentiary errors, and file (or renew) a Rule 29 motion for judgment of... View More
Q: Would a lawyer take on a pro bono case to sue my disability law firm for malpractice?
I have been waiting over a year for my disability case and come to find out the disability attorney never refilled after I was denied a year ago and blamed it on SSI saying that they didn't process my application!!
So I filed again on my own and need to fire them.
Joel Gary Selik
answered on Sep 5, 2024
answered on Sep 5, 2024
Many legal malpractice cases are taken on a contingent fee basis; it is not pro bono/free, but it is on a basis of where payment comes out of the recovery.
Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?
It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both... View More
Ian Robert Reardon
answered on Oct 13, 2023
answered on Oct 13, 2023
I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have... View More
Q: The venue where the lawyer practices in CA and I live in Idaho
I am hoping to get an opinion/guidance for the following
I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.
Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.
The interview was to be free as is... View More
Kevin M Rogers
answered on Sep 23, 2020
answered on Sep 23, 2020
A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... View More
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