Failure to Warn of Adverse Attorney Fees in Legal Malpractice By Andrew Lavoott Bluestone on December 19, 2006 Posted in Blog Articles Day on Torts, a well read blog, reports this case. Plaintiff now sues his own attorney for failure to warn him that in this $ 20,000 law suit he might be liable to the opposing attorney for very big [$600,000] attorney fees. The Day blog blurb.