How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must prove that the breach of duty led to legal, monetary or other negative effects for you. You must prove a direct connection between the attorney's negligence and the negative outcome.

The nuances of strategy don't constitute legal malpractice, however, if your lawyer fails to file a lawsuit within the timeframe and you lose the case, it could be a case of malpractice.

Fraud in the use of funds

One of the most prevalent kinds of legal malpractice is the misuse of funds by a lawyer. Lawyers are legally bound by a fiduciary responsibility to their clients and must behave with trust and fidelity when handling funds or other property that the client has given them.

When a client pays their retainer and the lawyer is required by law to keep that money into an escrow fund that is only utilized for that particular case. If the lawyer co-mingles the account with personal funds, or uses it for other purposes that is a clear violation of fiduciary duty and could result in legal negligence.

For instance, suppose that a client employs their attorney to represent them in the case of a driver who slammed into them as they were walking along the street. The client can prove that the driver was negligent, and can show that the accident caused their injuries. However, their lawyer misses the deadline and is unable to file the case within time. The lawsuit is dismissed, and the victim suffers a financial loss because of the lawyer's mistake.

The time frame for suing an attorney for malpractice is limited by a statute of limitation that can be difficult to determine in a situation where an injury or loss was the result of the negligence of the attorney. A New York attorney who is skilled in malpractice law can explain the statute of limitation and assist you in determining if you have a case that is eligible for a lawsuit.

Failure to follow the professional rules of conduct

Legal malpractice is when a lawyer does not adhere to generally accepted professional standards and results in harm to the client. It is required to meet the four components of most torts: an attorney-client relationship as well as breach of duty and the proximate cause.

Some common instances of malpractice are a lawyer who has a personal and trust account funds, failing to timely bring suit within the timeframe of the statute of limitations and taking on cases in which they aren't competent, not conducting an investigation into conflicts, and not keeping up-to-date with court proceedings or any new developments in law that may affect the case. Lawyers are also required to communicate with clients in a reasonable way. This isn't just limited to email and faxing and includes also returning phone calls in a timely manner.

It is also possible for lawyers to engage in fraud. This could be accomplished by lying to the client, or anyone else involved in the investigation. In this scenario it is imperative to have the facts in hands so that you can determine if the attorney was being dishonest. It is also a breach of the attorney-client agreement if an attorney is assigned cases that are outside of their expertise and fails to inform the client of this or suggest that they seek separate counsel.

Inability to inform

When a client hires an attorney, this means they've reached a point where their legal situation is beyond their expertise or experience and they are unable to solve it by themselves. Lawyers are required to inform clients of the importance of the case, the risks and costs involved, as well as their rights. If an attorney fails to perform this, they could be guilty of malpractice.

Many legal malpractice claims stem from poor communication between attorneys and their clients. For instance, malpractice lawsuit an attorney might not return calls or fail to inform their clients of a decision made on their behalf. An attorney may not be able to communicate crucial details about a case or fail to disclose known issues with the transaction.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must prove that they were able to recover financial losses as a result of the negligence of the lawyer. The losses must be documented. This requires evidence, such as client files and emails, or other correspondence between an attorney and a client as well as bills. In the event 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 laws that apply to specific circumstances. If they don't then they could be accused of malpractice. Examples include commingling client funds with their own, or using settlement proceeds to pay personal expenses, and failing to perform basic due diligence.

Other examples of legal malpractice are failure to file a suit within the time limit or missing deadlines for filing with the court and not following the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. This means that they must inform clients of any personal or financial interests that could affect their judgment when representing them.

Attorneys are also required to adhere to the instructions of their clients. If a client asks them to take a particular action, the attorney must follow those instructions unless there is any reason that suggests it is not beneficial or even feasible.

To win a malpractice lawsuit, the plaintiff has to show that the lawyer acted in violation of his duty of care. This can be difficult, as it requires showing that the defendant's actions, or inaction, caused damages. It isn't enough to show that the attorney's negligence led to a poor outcome. A daleville malpractice law firm claim must also demonstrate that there was a substantial likelihood that the plaintiff's lawsuit would have been successful if the defendant had followed standard procedures.