How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must prove that the breach of duty resulted in financial, legal or other negative consequences for you. It is not enough to show that the negligence of the attorney was a problem it is also necessary to establish an immediate link between the breach and the resulting outcome.

The nuances of strategy don't constitute legal malpractice, however, when your lawyer fails to file a lawsuit in time and you lose the case that could be a form of malpractice.

The misuse of funds

One of the most common types of legal malpractice involves the misuse by a lawyer of funds. Lawyers are bound by a fiduciary obligation to their clients, malpractice Lawyers and must act with trust and fidelity when handling money or other assets that the client has trusted them with.

If a client is required to pay their retainer to a lawyer, they are required by law to place that money into an escrow fund that is only specifically used for the particular case. If the lawyer makes use of the escrow fund to pursue personal goals or mix it with their own funds it is in violation of their fiduciary duty and could be charged with legal malpractice.

For example, imagine that a client employs their attorney to represent them in the case of a driver who slammed into them as they were walking across the street. The client is able to prove the driver's negligence and that the accident led to their injuries. However, their lawyer fails to comply with the deadline and is in a position to file the lawsuit in time. The lawsuit is dismissed and the injured party suffers a financial loss because of the lawyer's mistake.

The statute of limitations restricts the amount of time you can sue an lawyer for malpractice. This can be difficult to calculate when an injury or loss is due to the negligence of the lawyer. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitation and help you decide if you have a case that is eligible for an action.

Failure to follow the rules of professional conduct

Legal malpractice is when a lawyer fails adhere to generally accepted professional standards and causes harm to the client. It requires the same four elements as the majority of torts: an attorney-client relationship as well as a duty, breach, and proximate causality.

Some examples of Malpractice Lawyers are the lawyer combining their personal and trust funds, failing timely to file a suit within the time limits, taking cases where they are not competent, failing to carry out an examination of conflicts and not keeping up to current on court proceedings or any other legal developments that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable way. This doesn't only apply to email or fax, but also includes answering phone calls promptly.

It is also possible for attorneys to engage in fraud. This can happen in various ways, which includes lying to the client or anyone involved in a case. In this instance, it is important to have all the facts at the hands of the investigator to determine if the lawyer was dishonest. A breach of the attorney-client agreement is when an attorney decides to take an action outside of their expertise without advising the client or informing them to seek out independent counsel.

Inability to advise

If a client decides to hire an attorney, Malpractice lawyers it means they've reached a point at which their legal situation is beyond their own skill and experience and they are unable to resolve it on their own. It is the attorney's responsibility to advise clients on the benefits of a case along with the costs and risks involved, as well as their rights. If an attorney fails to do this, they could be found guilty of malpractice.

Many legal malpractice cases result due to poor communication between attorneys and their clients. For example, an attorney might not answer phone calls or fail to notify their clients of a decision made on their behalf. A lawyer may also fail to share important information about a case or fail to disclose known problems with a transaction.

A client may sue an attorney if they've suffered financial losses due to the negligence of the lawyer. The losses must be documented, which requires evidence such as client files email correspondence, other correspondence between the lawyer and the client, and bills. In the case of theft or fraud It may be required to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys must follow the law and understand what it means for specific situations. If they fail to do so then they could be accused of malpractice. Examples include commingling client funds with their own, or using settlement proceeds to pay personal expenses, or failing to perform basic due diligence.

Other instances of legal malpractice include failing to file a suit within the statute of limitation and missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of interest. This means that they have to inform clients of any personal or financial interest that could influence their decision-making process when representing them.

Attorneys must also adhere to the instructions of their clients. If a client asks the attorney to take specific actions an attorney must follow those instructions unless there's an obvious reason that it is not beneficial or even feasible.

To win a malpractice lawsuit, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. It can be challenging to prove that the defendant's lapses or actions caused damage. It is not enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must also prove that there was a substantial likelihood that the plaintiff's case could have been won had the defendant had followed standard procedures.