How to Sue Your Attorney for Malpractice

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

Strategies do not qualify as 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 lawsuits.

Use of funds in a fraudulent way

A misuse of funds by lawyers is one of the most frequent kinds of legal malpractice. Lawyers have a fiduciary obligation with their clients and are required to act with a high level of trust and fidelity, particularly when handling funds or other property that the client has left to them.

When a client is required to pay retainer fees, their attorney is required to place the money in a separate escrow account specifically designated for the specific purpose of the case only. If the lawyer uses the escrow fund for personal use or co-mingles it with their own funds the attorney is in breach of their fiduciary responsibilities and could be charged with legal negligence.

Imagine, for instance the scenario where a client hires an attorney to represent him in a lawsuit against a driver who was struck by them as they crossed the street. The client has evidence that the driver was negligent and could show that the accident caused their injuries. But, their lawyer violates the deadline and is not able to file the case within time. The lawsuit is dismissed, and the person who was injured suffers financial losses as a result of the lawyer's mistake.

The time limit to sue an attorney for negligence is governed by a statute of limitations which can be difficult to determine in cases where an injury or loss was the result of the attorney's negligence. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitation and help you decide if you have a case which is suitable for an action.

Inability to follow the Rules of Professional Conduct

Legal malpractice is 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 of most torts, including an attorney-client relationship as well as a duty, breach, and proximate causation.

A few common examples of malpractice include commingling their personal and trust account funds, failing to timely make a claim within the statute of limitations or taking on cases where they are not competent, failing to conduct a conflict check, and not keeping up-to-date on court proceedings or new developments in law that could impact the case. Lawyers are required to communicate with their clients in a reasonable manner. This includes not just emails and faxes, but also returning telephone calls promptly.

Attorneys can also commit fraud. This can be done in a variety of ways, including lying to the client or to anyone involved in a case. In this case, it is important to have all the facts at your possession to determine if the lawyer was being dishonest. It is also a breach of the attorney-client contract when an attorney decides to take on cases that are outside of their expertise and fails to inform the client about this or advise them to seek separate counsel.

Failure to Advise

When a client employs an attorney, it indicates that they've reached the point where their legal situation is beyond their ability and experience and that they can no longer resolve it by themselves. It is the attorney's responsibility to inform clients of the merits of a case in addition to the costs and risk involved and their rights. If an attorney fails to do this, they could be liable for malpractice.

Many legal malpractice cases result from a lack of communication between attorneys and their clients. For instance attorneys may not return phone calls or fail to inform their clients of a decision they made on their behalf. An attorney may also not communicate important details regarding a particular case, or fail to inform clients of issues in the transaction.

It is possible to claim a lawyer's negligence, but a plaintiff must prove they were able to recover financial losses as a result due to the negligence of the attorney. The losses should be documented. This requires evidence, like email files and client files, or any other correspondence between an attorney and a client as well bills. In cases of theft or fraud It may be required to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys must abide by the law and be aware of what it means for specific circumstances. They could be found guilty of malpractice if they do not. Examples include combining client funds with their own or using settlement proceeds for personal expenses, and failing to perform basic due diligence.

Other instances of legal malpractice include failure to file a suit within the time limit or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflict of interest. This means they must inform clients of any personal or financial interest that could influence their judgment when representing them.

Attorneys are also required to adhere to the instructions of their clients. Attorneys must follow the instructions of clients unless it is clear that the decision will not be beneficial.

In order to prevail in a malpractice case the plaintiff must prove that the lawyer violated his duty of care. This isn't easy, because it requires proving that the defendant's actions or negligence caused damages. It's also not enough to prove that the result of the attorney's negligence was negative and for a malpractice case to succeed, it must be shown that there is an excellent chance that the plaintiff would have won their case should the defendant followed the accepted practice.