How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you must prove that their breach of duty caused legal, monetary or other negative outcomes for you. It is not enough to prove that the negligence of your attorney was injurious and you must prove that there is a direct connection between the breach and the unfavorable outcome.

Strategy-related issues do not qualify as legal malpractice, however, if your lawyer does not file a lawsuit within the timeframe and you lose the case that could be a sign of malpractice law firm.

Inappropriate use of funds

One of the most frequent kinds of legal malpractice is the misuse of funds by a lawyer. Lawyers are bound by a fiduciary duty to their clients and must behave with trust and fidelity when handling money or other property the client has entrusted them with.

When a client makes a payment for their retainer to a lawyer, they are required by law to place that money in a separate fund for escrow that is exclusively intended for the specific case. If the attorney co-mingles the escrow account with personal funds or makes use of it for any other purpose it is a clear breach of fiduciary duty, and could result in legal negligence.

Imagine, for instance, that a client hired an attorney to represent him in a lawsuit against a driver whose car struck them while crossing the street. The client can prove that the driver was negligent, and can prove that the collision caused their injuries. However, their lawyer is not aware of the deadline and is in a position to file the lawsuit within the timeframe. Thus, the lawsuit is dismissed and the injured party is liable for financial losses as a result of the lawyer's error.

The time limit to sue an attorney for malpractice is limited by a statute that limits the time for suing, which can be tricky to determine in a situation where a loss or injury resulted from the attorney's negligence. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitation and help you decide if you have a case that is eligible for an action.

Infractions to the rules of professional conduct

Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and results in harm to the client. It has the same four elements as the majority of torts: an attorney-client relationship, a duty, a breach, and proximate causality.

A few examples of malpractice lawyer include lawyers who mix personal and trust funds, failing timely to file suit within statute of limitations, pursuing cases in which they aren't competent, not conducting an examination of conflicts and not staying up to the latest court proceedings, or any new developments in law that could impact the case. Lawyers are required to communicate with their clients in a reasonable way. This is not limited to emails and faxes, but also the ability to return phone calls promptly.

It is also possible for lawyers to engage in fraud. It can be done by lying to the client, or to anyone else involved in the investigation. In this instance, it is important to have all the facts at hands so that you can determine if the attorney was being insincere. A breach of the agreement between the attorney and client is when an attorney decides to take an issue that is not within their area of expertise without informing the client or suggesting they seek independent counsel.

Failure to Advise

If a client engages an attorney, this means they've reached a point where their legal situation is beyond their expertise and experience and that they can no longer resolve it on their own. The lawyer has a duty to inform clients of the benefits of the case, the risks and costs involved, and their rights. If a lawyer fails to do this may be held accountable.

Many legal malpractice claims result from poor communication between attorneys and their clients. For instance, an attorney might not respond to phone calls or fail to inform their clients of a decision taken on their behalf. An attorney might also fail to communicate important details regarding a particular case, or fail to inform clients of issues with a transaction.

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

Inability to Follow the Law

Attorneys are required to follow the law and know the laws that apply to specific situations. If they fail to do so and they don't, they could be found guilty of malpractice. Examples include commingling client funds with their own or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Another example of legal malpractice includes the failure to file a lawsuit within the timeframe of limitations, missing court filing deadlines or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of interests. This means that they have to inform clients of any financial or personal concerns that could impact their judgment in 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 act will not be beneficial.

To prevail in a malpractice suit the plaintiff has to prove that the lawyer breached their duty of care. It can be difficult to establish that the defendant's inaction or actions caused harm. It's also not enough to prove that the result of the negligence of the attorney was bad; for a malpractice claim to be successful, it must be demonstrated that there's an excellent chance that the plaintiff could have won the case if the defendant had followed standard practice.