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 financial, legal or other negative effects for you. You must show a direct connection between the attorney's negligence and the negative outcome.

The nuances of strategy don't qualify as legal malpractice, however, if your lawyer does not submit a lawsuit on time and you lose the case that could be a form of malpractice.

Misuse of funds

Misuse of funds by lawyers is among the most widespread forms of legal malpractice. Lawyers have a fiduciary obligation with their clients and are expected to behave with a high level of trust and fidelity, particularly when handling money or other property that the client has entrusted to them.

When a client is required to pay retainer to their lawyer, the attorney is required to place the money in a separate escrow account that is specifically for the purpose of that case only. If the lawyer co-mingles the escrow account with personal funds or uses it for any other purpose it is a clear breach of the fiduciary obligation and could result in legal misconduct.

Imagine, for instance, that a customer hires their attorney to represent them in an action against a motorist who hit them as they were walking across the street. The client has the ability to prove driver's negligence, and that the accident led to their injuries. The lawyer, however, does not follow the law and is unable to file the case in time. The lawsuit is dismissed and the person who was injured is financially harmed because of the lawyer's error.

A statute of limitation limits the amount of time you can claim a lawyer's negligence. It can be difficult to determine when an injury or loss was caused by negligence of the lawyer. A New York attorney who is knowledgeable about malpractice law can explain the statute of limitations and assist you in determining if you have a case which is suitable for an action.

Do not follow the professional rules of conduct

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

A few common examples of malpractice include a lawyer who has a personal and trust account funds, failing to timely file a lawsuit within the timeframe of the statute of limitations and taking on cases in which they are not competent, failing to conduct a conflict check, and not keeping up to date with court proceedings or any new developments in law that could impact the case. Lawyers must communicate with their clients in a reasonable way. This does not only include email and fax and includes also returning phone calls in a timely manner.

Attorneys are also able to commit fraud. It can be done by lying to the client or any other person involved in the case. In this instance it is crucial to have all the facts at hands so that you can determine if the attorney was being untruthful. It also constitutes a breach of the attorney-client agreement if an attorney is assigned cases that are outside of their area of expertise and does not 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 have reached the stage where their legal problem is beyond their ability or experience and they are no longer able to resolve it by themselves. It is the attorney's responsibility to provide advice to clients regarding the merits of a particular case along with the costs and risks involved, as well as their rights. If a lawyer fails to do this, they could be guilty of malpractice.

Many legal malpractice cases are the result of poor communication between lawyers, and their clients. Attorneys may not respond to phone calls or fail to inform their clients of a particular decision that they have made on their behalf. Attorneys may also fail to communicate important details regarding a case, or fail to disclose known issues in a transaction.

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

Failure to Follow the Law

Attorneys must adhere to the law and understand what it means in specific situations. If they don't and they don't, they could be found guilty of malpractice. Examples include mixing client funds with their own or using settlement funds to pay for personal expenses and not doing basic due diligence.

Another type of legal shelton malpractice lawsuit is failure to file an action within the statute of limitations, missing court filing deadlines, and not following the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. This means they must inform clients of any personal or financial concerns that could impact their decision-making process when representing them.

In addition, attorneys are required to abide by the instructions of their clients. If a client instructs them to take particular action, the attorney must follow the instructions unless there is an obvious reason that it is not beneficial or malpractice possible.

In order to win a st helena malpractice law firm suit the plaintiff must prove that the lawyer violated his duty of care. This can be difficult since it requires proving the defendant's actions, or inaction, caused damages. It isn't enough to show that the attorney's negligence caused a negative outcome. A malpractice claim must also prove that there was a substantial likelihood that the plaintiff's case could have been settled if the defendant had followed standard procedures.