How to Sue Your Attorney for Malpractice

To claim a lawyer's negligence, you must to show that the breach resulted in negative financial, legal or other consequences for you. It is not enough to show that the negligence of your attorney was injurious but you must also prove that there is a direct connection between the breach and the negative outcome.

Legal malpractice is not a matters of strategy. If you lose a lawsuit because your lawyer did not file the lawsuit within the timeframe this could be considered an act of malpractice.

The misuse of funds

One of the most common kinds of legal malpractice is a lawyer's misuse of funds. Lawyers are bound by a fiduciary obligation to their clients, and must behave with confidence and fidelity when handling money or other assets that the client has entrusted them with.

If a client pays their retainer, the lawyer is required by law to deposit the money in an escrow fund that is only intended for the specific case. If the attorney makes use of the escrow account for personal use or co-mingles it with their own funds, they are in violation of their fiduciary duty and could be charged with legal misconduct.

Imagine, for instance the scenario where a client hires an attorney to represent him in a lawsuit against a driver whose car was struck by them as they crossed the street. The client has the ability to prove driver's negligence and that the collision caused their injuries. Their lawyer violates the law and is not able to file the case on time. The lawsuit is dismissed and the person who was injured suffers a financial loss because of the lawyer's mistake.

The time for suing an attorney for malpractice is limited by a statute that limits the time for suing which can be difficult to calculate in a situation where an injury or loss was the result of the attorney's negligence. A licensed New York attorney with experience in the field of malpractice law can explain the time limit to you and assist you determine if your situation is a suitable candidate for a legal malpractice lawsuit.

Failure to adhere to the professional rules of conduct

Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and causes harm to the client. It requires the four elements of most torts: an attorney-client relationship, a duty, breach and the proximate cause.

Some typical examples of malpractice are a lawyer mixing their personal and trust account funds, failing to timely file a lawsuit within the statute of limitations or taking on cases where they aren't competent, not performing a proper conflict check, as well as not being up-to-date with court proceedings or new developments in law that could impact the case. Lawyers are also required to communicate with clients in a timely manner. This is not limited to the use of faxes and email, but also returning telephone calls promptly.

It is also possible for lawyers to engage in fraud. This could be accomplished by lying to the client, Vimeo or to anyone else involved in the investigation. It is essential to learn the facts so you can determine if the attorney was deceitful. It's also a violation of the attorney-client contract if an attorney decides to take on cases that are outside of their area of expertise and does not inform the client about this or suggest they seek out separate counsel.

Inability to inform

When a client employs an attorney, it indicates that their legal situation has exceeded their skills and knowledge. They are unable solve the issue on their own. The lawyer is required to inform clients about the merits of the case, the risks and costs involved, and their rights. If a lawyer fails to do this, they may be guilty of malpractice.

Many legal malpractice claims result from a lack of communication between lawyers and Vimeo their clients. For example, an attorney might not respond to phone calls or fail to notify their clients of a decision they made on their behalf. An attorney may also be unable to provide important information regarding the case or fail identify any issues with transactions.

It is possible to claim a lawyer's negligence, however, a client must prove that they have suffered financial losses as a result of the lawyer's negligence. The losses must be documented, which will require evidence like client files emails, correspondence between the attorney and the client, as well as bills. In the event of fraud or theft an expert witness could be needed to investigate the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and know the way it is applied in particular circumstances. If they fail to do so and they don't, they could be found guilty of misconduct. Examples include commingling client funds with their own or using settlement proceeds to pay personal expenses, and failing to perform basic due diligence.

Another type of legal malpractice includes failure to file an action within the statute of limitations, not meeting deadlines for filing court documents, and not following the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of interests. This means that they have to inform clients of any financial or personal interests that might affect their decision-making process when representing them.

Attorneys must also adhere to the instructions of their clients. If a client instructs them to take a particular action an attorney must follow the instructions, unless there's an obvious reason to believe that it would not be advantageous or is not feasible.

To win a malpractice lawsuit, the plaintiff has to show that the lawyer acted in violation of his duty of care. It can be difficult to prove that the defendant's inaction or actions resulted in damage. It is not enough to show that the attorney's negligence led to a poor outcome. A malpractice claim must also prove that there was a substantial probability that the plaintiff's case would have been successful if the defendant had followed standard procedures.