How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you have to prove that the breach of duty resulted in legal, monetary or other negative outcomes for you. It is not enough to demonstrate that the negligence of the attorney was a problem; you must also show an immediate link between the breach and the unfavorable outcome.

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

The misuse of funds

One of the most prevalent kinds of legal malpractices is a lawyer's misuse of funds. Lawyers are legally bound by a fiduciary responsibility to their clients and must act with integrity and fidelity when handling funds or other assets that the client has entrusted them with.

When a client makes a retainer to their attorney, the lawyer is required to put the money into an separate escrow account specifically for the purpose of that case only. If the attorney makes use of the escrow account to pursue personal goals or mix 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 lawsuit against a motorist whose car was struck by them as they crossed the street. The client can prove the driver's negligence and the collision resulted in their injuries. However, their lawyer misses the statute of limitations and is not able to file the case within time. Therefore, the case is dismissed and the party who was injured suffers financial loss due to the lawyer's mistake.

The time for Malpractice lawyers suing an attorney for negligence is governed by a statute of limitations which can be a challenge to calculate in a situation where an injury or loss resulted from the negligence of the attorney. A competent New York attorney with experience in the field of malpractice law can explain the time limit to you and help determine if your situation is a suitable candidate for a legal malpractice lawsuit.

Infractions to the professional rules of conduct

Legal malpractice occurs when a lawyer fails to follow generally accepted professional standards and causes harm to the client. It has the same four elements as most torts, which are an attorney-client relationship and a duty, a breach, and proximate causation.

Some examples of malpractice lawsuits are lawyers who mix personal and trust funds, not submitting claims in time to file suit within statute of limitations, pursuing cases where they are not competent, failing to perform an examination of conflicts and not keeping up to the current court proceedings or any new developments in law that could impact the case. Lawyers have a responsibility to communicate with their clients in a reasonable manner. This does not only include email and faxes, but also returning telephone calls promptly.

It is also possible for attorneys to commit fraud. This could be accomplished by lying to the client, or to anyone else involved in the case. It is essential to learn the facts so you can determine whether the attorney was insincere. It also constitutes a breach of the attorney-client agreement if an attorney takes on an assignment that is not within the scope of their expertise and fails to inform the client of this or suggest that they seek separate counsel.

Inability to advise

When a client employs an attorney, it means they have reached the point where their legal situation is beyond their capabilities and experience and that they are unable to resolve it by themselves. The lawyer is required to inform clients of the benefits of the case, the potential risks and costs involved, as well as their rights. If an attorney does not do this, they could be found guilty of malpractice.

Many legal malpractice cases result due to poor communication between attorneys and their clients. For instance an attorney may not respond to phone calls or fail to inform their clients of the decision made on their behalf. A lawyer may also fail to communicate important details about the case or fail divulge any issues with a transaction.

A client may sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. The losses should be documented. This requires evidence, such as client files and emails, malpractice lawyers or other correspondence between an attorney and a customer, as well as invoices. In cases of fraud or theft It may be necessary to get an expert witness to look into the case.

Inability to Follow the Law

Attorneys are required to follow the law and know the law's implications in particular circumstances. If they fail to do so, they could be guilty of malpractice. Examples include combining client funds with their own or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Another instance of legal malpractice lawyers (news) includes failure to file a lawsuit within the statute of limitations, missing deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of conflicts of interest. This means they must inform clients of any personal or financial interests that might affect their judgment in representing them.

Attorneys must also adhere to the instructions of their clients. Attorneys must abide by the instructions of clients, unless it is clear that the decision will not be beneficial.

To prevail in a malpractice lawsuit, the plaintiff has to prove that the lawyer violated his duty of care. This isn't easy, because it requires proving that the defendant's actions or inaction caused damages. It's also not enough to show that the result of the attorney's negligence was bad in order for a malpractice claim to succeed, it needs to be shown that there is an extremely high chance that the plaintiff would have prevailed should the defendant followed the standard procedure.