How to Sue Your Attorney for west haven malpractice law firm [vimeo.com]

To bring a lawsuit against an attorney for negligence, you need to show that the breach of duty caused financial, legal or other implications for you. You must establish that there is a direct link between the attorney's incompetence and the negative outcome.

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

Misuse of Funds

One of the most popular kinds of legal malpractice is a lawyer's misuse of funds. Lawyers have a fiduciary connection with their clients and are required to behave with the highest degree 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 to their lawyer, the lawyer is required to deposit the money in a separate escrow account specifically destined for the purpose of the case only. If the attorney co-mingles the escrow account with personal funds or utilizes it for any other purpose, this is a clear breach of fiduciary duty, and could be considered legal negligence.

Imagine, for instance, that a client hires an attorney to represent them in an action against a motorist who hit them as they were walking along the street. The client has the ability to prove driver's negligence as well as that the collision caused their injuries. Their lawyer, however, does not follow the law and is unable file the case on time. Consequently, the lawsuit is dismissed and the victim is financially harmed because of the lawyer's mistake.

The time limit to sue an attorney for negligence is governed by a statute of limitation which can be difficult to determine in a situation where a loss or Pacific malpractice lawsuit injury resulted from the negligence of the attorney. A qualified New York attorney with experience in malpractice law can explain the time limit to you and assist you to determine if your situation is a good fit for a legal malpractice suit.

Infractions to the professional rules of conduct

Legal malpractice occurs when an attorney does not follow generally accepted professional standards, and harms the client. It is the result of four elements of most torts: an attorney-client relationship, a duty, breach and the proximate cause.

Some examples of malpractice are lawyers who mix personal and trust funds, failing timely to file suit within the statute of limitations, pursuing cases where they are not competent, failing to perform a conflict check and not staying up to the latest 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 includes not just the use of faxes and email, but also the ability to return phone calls promptly.

It is also possible for lawyers to engage in fraud. It can be done in various ways, including lying to the client or to anyone involved in a case. In this instance it is imperative to have all the facts at hands so that you can determine if the attorney was being untruthful. It is also a breach of the attorney-client contract if an attorney takes on a case that is outside of their area of expertise and does not inform the client about this or recommend seeking separate counsel.

Inability to inform

If a client decides to hire an attorney, it implies that their legal matter has exceeded their skills and experience. They are unable to resolve it on their own. The lawyer is obliged to inform clients about the merits of the case, the potential risks and costs involved, and their rights. Lawyers who fail to do this could be liable.

Many legal malpractice claims arise because of poor communication between lawyers and their clients. For example attorneys may not respond to phone calls or fail to notify their clients of the decision made on their behalf. An attorney could also not communicate important information regarding a case or fail to inform clients of issues in the transaction.

It is possible to claim a lawyer's negligence, but the client must prove that they have suffered financial losses as a result of the negligence of their lawyer. These losses should be documented. This requires evidence, such as email and client files, or other correspondence between an attorney and a client as well as bills. In cases involving fraud or theft it could be necessary to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys are required to follow the law and understand the law's implications in particular situations. They could be found guilty of misconduct if they do not. Examples include mixing client funds with their own using settlement proceeds to pay for personal expenses, and failing to exercise basic due diligence.

Another example of legal polson malpractice lawsuit includes the failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing with the court or not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of conflicts of interest. They must inform clients of any financial or personal interests that could affect their judgment when representing them.

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

In order to prevail in a malpractice lawsuit, the plaintiff must prove that the lawyer breached their duty of care. This can be difficult, since it requires proving the defendant's actions or inaction caused damages. It is not enough to show that the attorney's negligence caused a bad result. A malpractice claim must also demonstrate that there was a substantial likelihood that the plaintiff's case could have been settled if the defendant had followed standard procedures.