How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you must demonstrate that the breach of duty led to financial, legal or other negative consequences for you. It's not enough to show that the negligence of your attorney was injurious but you must also prove that there is a direct connection between the breach and the negative outcome.

Strategy-related issues do not be considered legal malpractice, however, if your lawyer fails to file a lawsuit on time and you lose the case this could be a type of malpractice.

The misuse of funds

A misuse of funds by a lawyer is among the most widespread kinds of legal malpractice. Lawyers are bound by a fiduciary duty to their clients and must behave with trust and fidelity when handling money or other assets that the client has trusted them with.

When a client pays their retainer the lawyer is obligated by law to deposit the money into an escrow fund that is 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 and funds, they are in breach of their fiduciary responsibilities and could be accused of legal negligence.

As an example, suppose that a client hires an attorney to represent them in a lawsuit against a driver who struck them as they were walking across the street. The client has evidence that the driver was negligent and is able to prove that the accident caused their injuries. The lawyer, however, fails to comply with the law and is unable file the case on time. The lawsuit is dismissed and the person who was hurt is liable for financial losses because of the lawyer's mistake.

The time limit to sue an attorney for negligence is governed by a statute that limits the time for suing that can be difficult to calculate in a case where a loss or injury occurred as the result of the negligence of the attorney. A New York attorney who is knowledgeable about malpractice law can explain the statute of limitations and help you determine if you are eligible for a lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is when an attorney does not adhere to the generally accepted professional standards, and inflicts harm on the client. It is the result of four elements of the most common torts: an attorney-client relation as well as breach of duty and the proximate cause.

Some examples of malpractice are lawyers who mix personal and trust funds, not submitting claims in time to file suit within the statutes of limitations, taking cases in which they're not competent, failing to perform an examination of conflicts and not being up to date on court proceedings, or any new developments in law that could impact the case. Lawyers must communicate with their clients in a reasonable way. This is not limited to email and faxes but also the ability to return phone calls promptly.

It is also possible for lawyers to commit fraud. This could be done by lying to the client or any other person who is involved in the case. It is crucial to know the facts so you can determine if the lawyer was insincere. It is also a breach of the attorney-client contract if an attorney accepts a case that is outside of their expertise and does not inform the client of this or recommend seeking separate counsel.

Inability to advise

If a client engages an attorney, it is a sign that they've reached a point where their legal situation is beyond their capabilities or experience and they are no longer able to resolve it on their own. The lawyer is required to inform clients about the merits of the case, the potential risks and costs involved, as well as their rights. A lawyer who fails to do this could be held accountable.

Many legal malpractice cases stem due to poor communication between attorneys and their clients. An attorney may not return phone calls or fail to inform their clients of a certain decision taken on their behalf. An attorney might also neglect to provide important information regarding a case or fail to identify any issues with a transaction.

It is possible to claim a lawyer's malpractice, but a client must show that they suffered financial losses due to of the negligence of the lawyer. These losses should be documented. This requires evidence, such as client files and emails, or any other correspondence between an attorney and client, as well as bills. In the case of theft or fraud, it may also be necessary to get an expert witness to look into the case.

Inability to Follow the Law

Attorneys must adhere to the law and understand what it means for specific circumstances. They could be found guilty of malpractice when they fail to do so. Examples include mixing funds from clients with theirs or using settlement funds to pay for personal expenses, and not doing basic due diligence.

Other examples of legal malpractice include failing to file a suit within the time limit and not filing the suit by the deadlines set by the court and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of conflicts of interest. This means they must inform clients of any personal or financial interests that could affect their judgment in representing them.

Attorneys must also adhere to the instructions of their clients. If a client directs them to take a particular action an attorney must follow the instructions, unless there's an obvious reason to believe that it would not be advantageous or is not feasible.

In order to prevail in a malpractice attorney case, the plaintiff has to prove that the lawyer has violated his duty of care. It isn't easy to prove that the defendant's inaction or actions resulted in damage. It is not enough to prove that the attorney's error led to a poor outcome. A malpractice lawyer claim must prove that there was a substantial probability that the plaintiff's case would have been won if the defendant had followed the standard procedure.