How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must demonstrate that the breach of duty led to legal, monetary or other negative outcomes for you. You must show that there is a direct link between the attorney's negligence and the negative result.

The nuances of strategy don't qualify as legal malpractice lawsuits, but when your lawyer fails to file a lawsuit in time and you lose the case, this could be a type of malpractice.

Inappropriate use of funds

One of the most prevalent kinds of legal malpractices is the misuse by a lawyer of funds. Lawyers are in a fiduciary relationship with their clients and are expected to act with the highest degree of trust and fidelity, especially when dealing with funds or other property that the client has given to them.

If a client pays a retainer, their lawyer is required to deposit the money into an separate escrow account that is specifically for the purpose of that case only. If the attorney makes use of the escrow account for personal reasons or mixes it with their own funds it is in violation of their fiduciary obligations and could be charged with legal negligence.

Imagine, for example the scenario where a client hires an attorney to represent him in a suit filed against a driver whose vehicle was struck by them as they crossed the street. The client is able to prove that the driver was negligent and could show that the accident caused their injuries. However, their lawyer is not aware of the deadline and is in a position to file the lawsuit in time. Consequently, the lawsuit is dismissed and the person who was hurt suffers financial losses as a result of the lawyer's error.

A statute of limitations limits the time that you can pursue a lawyer's malpractice. It can be difficult to calculate when the loss or injury was caused by the negligence of an attorney. A licensed New York attorney with experience in the field of malpractice law firms law will be able to explain the time limit to you and assist you determine if your case is suitable for a legal malpractice lawsuit.

Failure to adhere to the rules of professional conduct

Legal malpractice is when an attorney does not adhere to the generally accepted standards of professional conduct, and causes harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relationship the breach of a duty and the proximate cause.

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing timely to file a suit within the timeframes, pursuing cases in which they're not competent, failing to conduct an effective conflict check, and not staying up to date on court proceedings or any recent legal developments that could impact the case. Lawyers must communicate with their clients in a fair and reasonable manner. This doesn't only apply to email or fax and also includes returning phone calls in a timely manner.

It is also possible for lawyers to commit fraud. This can be done in a variety of ways, including lying to the client or to anyone else involved in the case. In this scenario it is crucial to have all the facts at your possession to determine if the lawyer was being insincere. A breach of the agreement between the attorney and client occurs when an attorney takes cases outside their area of expertise without informing the client about it or advising them to seek independent counsel.

Failure to provide advice

If a client decides to hire an attorney, it means they have reached the stage where their legal issue is beyond their capabilities and experience and they are no longer able to resolve it by themselves. It is the attorney's responsibility to inform clients about the merits of a particular case in addition to the costs and risk involved, as well as their rights. If an attorney does not do this, they could be guilty of malpractice.

Many legal malpractice claims stem from of poor communication between attorneys and their clients. A lawyer may not answer a phone call or fail to inform their clients of a specific decision made in their behalf. An attorney may also fail to communicate important information regarding a case or fail to inform clients of problems with transactions.

A client may sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. The losses must be documented. This requires evidence, like email and client files, or any other correspondence between an attorney and client, as well as invoices. In the event of fraud, or theft, an expert witness may be required to examine the case.

Inability to Follow the Law

Attorneys must be in compliance with the law and be aware of what it means for specific circumstances. If they don't and they don't, they could be found guilty of misconduct. Examples include combining funds from clients with their own or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Other instances of legal malpractice include failure to file a lawsuit within the statute of limitation and not filing the suit by the deadlines set by the court and not complying with the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. They must disclose to clients any personal or financial interest that might affect their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. If a client asks them to take particular action the attorney must comply with the instructions unless there is an obvious reason to believe that it would not be beneficial or possible.

To win a malpractice lawsuit; over here, the plaintiff must prove that the lawyer has violated his duty of care. This can be difficult because it requires proving that the defendant's actions, or inaction, caused damages. It's not enough to prove that the result of the negligence of the attorney was bad in order for a malpractice claim to be successful, it has to be demonstrated that there's a high likelihood that the plaintiff could have won the case in the event that the defendant had followed the usual procedure.