How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must demonstrate that their negligence caused legal, monetary or other negative outcomes for you. It's not enough to prove the negligence of the attorney was a problem it is also necessary to establish that there is a direct connection between the breach and the resulting outcome.

Matters of strategy do not count as legal malpractice lawyer but if your lawyer fails to file a lawsuit in time and you lose the case, that could be a form of malpractice.

Misuse of funds

One of the most frequent kinds of legal malpractice is a lawyer's misuse of funds. Attorneys are required to fulfill a fiduciary duty to their clients, and must act with integrity and fidelity when handling funds or other property that the client has entrusted them with.

When a client makes retainer to their lawyer, the lawyer is required to deposit the money into a separate escrow account specifically for the purpose of that case only. If the lawyer uses the escrow fund for personal use or co-mingles it with their own funds, they are in violation of their fiduciary responsibilities and could be accused of legal misconduct.

For example, imagine that a client hires an attorney to represent them in the case of a driver who slammed into them as they were walking along the street. The client has proof that the driver was negligent and is able to show that the accident caused their injuries. The lawyer, however, violates the law and is not able to file the case in time. Thus, Malpractice lawyers the lawsuit is dismissed and the party who was injured is liable for financial losses as a result of the lawyer's error.

The time for suing an attorney for malpractice is limited by a statute-of-limitations, which can be tricky to calculate in a situation where a loss or injury resulted from the attorney's negligence. A New York attorney who is knowledgeable about malpractice law will be able to explain the statute of limitations and assist you in determining if you have a case that qualifies for a lawsuit.

Failure to adhere to the rules of professional conduct

Legal malpractice is when a lawyer fails follow generally accepted professional standards and causes harm to the client. It entails the same four elements of most torts: an attorney-client relationship and a duty, a breach, and proximate causation.

Some examples of malpractice are lawyers who mix personal and trust funds, failing timely to file suit within time limits, taking cases where they are not competent, failing to perform an examination of conflicts and not staying up to current on court proceedings or any new developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This includes not just the use of faxes and email, but also returning telephone calls promptly.

Attorneys can also commit fraud. This can happen in a variety of ways, such as lying to the client or anyone else involved in the case. It is essential to understand the facts so that you can determine if the attorney is deceitful. A violation of the attorney-client agreement is when an attorney decides to take an action outside of their area of expertise without advising the client or soliciting independent counsel.

Inability to inform

When a client employs an attorney, it indicates that their legal issue has become beyond their skill and experience. They are unable solve the issue by themselves. It is the attorney's responsibility to provide advice to clients regarding the merits of a case in addition to the costs and risk involved, as well as their rights. When an attorney fails to comply with this requirement, they could be liable for malpractice.

Many legal malpractice lawyers cases result due to poor communication between attorneys and their clients. For instance an attorney may not answer phone calls or fail to inform their clients of a decision taken on their behalf. An attorney could not be able to communicate crucial details regarding a particular case, or fail to disclose known problems with the transaction.

A client can sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. The losses should be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and client, as well bills. In the case of fraud or theft an expert witness might be needed to investigate the case.

Inability to Follow the Law

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

Another example of legal malpractice is the failure to file a lawsuit within the timeframe of limitations, failing to meet deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. This means that they have to inform clients of any personal or financial interests that could affect their decision-making process when representing them.

Additionally, attorneys are required to follow instructions from their clients. Attorneys are required to follow the directions of clients, unless it is clear that the act will not be beneficial.

In order to win a malpractice suit the plaintiff must prove that the lawyer violated his duty of care. It can be challenging to prove that the defendant's actions or actions caused harm. It is not enough to demonstrate that the attorney's wrongful actions caused a bad result. A malpractice claim must also demonstrate that there was a high likelihood that the plaintiff's lawsuit could have been settled if the defendant followed standard practices.