How to Sue Your Attorney for Malpractice

To sue an attorney for negligence, you must to prove that the breach of duty had negative legal, financial, or other consequences for you. You must establish that there was a direct link between your attorney's negligence and the negative result.

Legal malpractice doesn't include issues of strategy. However, if you lose a case because your lawyer failed to submit the lawsuit on time, this could be an act of malpractice.

Misuse of funds

One of the most popular kinds of legal malpractice is a lawyer's misuse of funds. Attorneys are bound by a fiduciary duty to their clients, and must behave with confidence and fidelity when handling funds or any other property that the client has trusted them with.

When a client makes a payment for their retainer to a lawyer, they are required by law to keep that money into an funds that are only utilized for that particular case. If the attorney makes use of the escrow fund for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary responsibilities and could be accused of legal misconduct.

As an example, suppose that a client employs their attorney to represent them in an action against a driver who hit them while they were walking along the street. The client can prove that the driver was negligent and can demonstrate that the collision caused their injuries. However, their lawyer is not aware of the statute of limitations and is incapable of bringing the case in time. The lawsuit is dismissed and the victim is liable for financial loss as a result of the lawyer's mistake.

The statute of limitations restricts the time you have to pursue a lawyer's malpractice. It is often difficult to determine when an injury or malpractice lawyers loss is caused by negligence of the lawyer. A reputable New York attorney with experience in malpractice lawyers law can explain the time limit to you and assist you to determine if your case is a good fit for a legal malpractice suit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer fails follow generally accepted professional standards and results in harm to the client. It requires the same four elements as the majority of torts, which include an attorney-client relationship an obligation, a breach, and proximate cause.

A few common examples of malpractice include a lawyer commingling their personal and trust account funds, failing to timely bring suit within the time limit, taking on cases in which they are not competent, not performing a conflict check, and not being up-to-date with court proceedings or new developments in law that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This is not limited to email or fax as well as returning telephone calls in a timely manner.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client, or any other person involved in the case. It is essential to learn the facts so you can determine if the lawyer was deceitful. It's also a violation of the attorney-client contract if an attorney takes on an issue that is outside of their expertise and fails to inform the client about this or advise them to seek separate counsel.

Inability to advise

When a client engages a lawyer, it signifies that their legal matter has become beyond their knowledge and experience. They are unable to resolve it on their own. It is the lawyer's duty to provide advice to clients regarding the merits of a case in addition to the costs and risk associated with it, and their rights. If a lawyer fails to comply with this requirement, they could be found guilty of Malpractice Lawyers.

Many legal malpractice claims arise because of poor communication between lawyers and their clients. Attorneys may not respond to phone calls or fail to inform their clients of a certain decision made in their behalf. Attorneys may also fail to communicate important details regarding a particular case, or not disclose any known issues with transactions.

A client can sue an attorney if they have suffered financial losses due to the lawyer's negligence. The losses have to be documented, which will require evidence such as files of the client emails, correspondence between the attorney and the client, as well bills. In the event of fraud or theft an expert witness could be required to look into the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and comprehend the way it is applied in particular situations. They could be found guilty of misconduct when they fail to do so. Examples include combining client funds with their own, or using settlement proceeds for personal expenses, and not performing basic due diligence.

Other examples of legal malpractice include failing to file a suit within the statute of limitation or missing deadlines for filing with the court and not complying with the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. This means they must inform clients of any personal or financial interests that might affect their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. Attorneys must follow instructions from clients, unless it is clear that the action will not be beneficial.

To win a malpractice lawsuit the plaintiff must show that the lawyer acted in violation of his duty of care. It isn't easy to establish that the defendant's inaction or actions caused damage. It is not enough to show that the attorney's negligence caused a negative outcome. A malpractice claim must also show that there was a significant likelihood that the plaintiff's case could have been settled if the defendant followed standard practices.