How to Sue Your Attorney for Malpractice

To sue your attorney for negligence, you must show that the breach of duty led to legal, monetary or other negative consequences for you. You must establish a direct connection between the attorney's negligence and the negative outcome.

Legal malpractice does not cover issues of strategy. If you lose a case due to your lawyer was not able to file the lawsuit in time it could be a case of the result of malpractice.

Misuse of Funds

The misuse of funds by lawyers is among the most widespread forms of legal Malpractice Lawyers. Lawyers have a fiduciary obligation with their clients and are required to behave with a high degree of trust and fidelity, especially when handling funds or other property that the client has entrusted to them.

If a client pays a retainer, Malpractice Lawyers their lawyer is required to deposit the money into a separate escrow account that is specifically for the purpose of that case only. If the attorney co-mingles the escrow account with personal funds or uses it for any other purpose it is a clear violation of fiduciary duty and could be considered legal malpractice lawyer.

For instance, suppose that a client employs their attorney to represent them in an action against a driver who hit them while they were walking along the street. The client has the ability to prove driver's negligence and that the collision resulted in the injuries they sustained. However, their lawyer misses the deadline and is unable to file the case within time. Consequently, the lawsuit is dismissed and the injured party is financially harmed due to the lawyer's mistake.

The statute of limitations restricts the time that you can bring a lawsuit against a lawyer for malpractice. It can be difficult to calculate when an injury or loss is caused by the negligence of an attorney. A reputable New York attorney with experience in the field of malpractice law can explain the time limit to you and help determine if your case is suitable for a legal malpractice lawsuit.

Infractions to the professional rules of conduct

Legal malpractice is when a lawyer does not adhere to the generally accepted standards of professional practice and causes harm to the client. It is based on the same four elements that are common to all torts, malpractice Lawyers which include an attorney-client relationship and a duty, a breach, and proximate causation.

A few examples of malpractice include lawyers who mix personal and trust funds, not submitting claims in time to file suit within the statute of limitations, pursuing cases where they are not competent, failing to perform an investigation into conflicts and not being up to the latest court proceedings or any new legal developments that could impact the case. Lawyers are accountable to communicate with their clients in a reasonable manner. This doesn't only apply to email or fax, but also includes answering phone calls in a timely manner.

It is also possible for lawyers to engage in fraud. This could be done by lying to the client, or to anyone else involved in the investigation. In this scenario it is imperative to have the facts on hand so that you can determine if the attorney was being insincere. It also constitutes a breach of the attorney-client contract when an attorney takes on an assignment that is not within the scope of their expertise and fails to inform the client of this or advise them to seek separate counsel.

Failure to Advise

When a client employs an attorney, it implies that their legal issues have been beyond their expertise and knowledge. They are unable to resolve it on their own. The lawyer is required to inform clients of the merits of the case, the risks and costs involved, as well as their rights. If a lawyer fails to do this could be held accountable.

Many legal malpractice claims are the result of poor communication between attorneys and their clients. For instance an attorney may not return phone calls or fail to notify their clients of a decision they made on their behalf. An attorney may also be unable to share important information about the case or fail identify any issues with a transaction.

It is possible to sue an attorney for negligence, but the client must prove that they have suffered financial losses as a result due to the negligence of the attorney. The losses have to be documented, which requires evidence such as files of the client, emails and other correspondence between the lawyer and the client, as well bills. In the event of fraud, or theft An expert witness could be required to look into the case.

Inability to Follow the Law

Attorneys must be in compliance with the law and understand how it applies to specific circumstances. They could be found guilty of malpractice if they don't. Examples include combining funds from clients with their own or using settlement proceeds for personal expenses, or not performing basic due diligence.

Other instances of legal malpractice include failing to file a lawsuit within the statute of limitations and not filing the suit by the deadlines set by the court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of conflicts of interest. They must disclose to clients any financial or personal interest that could influence their judgement when representing them.

In addition, attorneys are required to comply with the directions of their clients. Attorneys must abide by the instructions of clients unless it is obvious that the action will not be beneficial.

To prevail in a malpractice suit the plaintiff has to prove that the lawyer violated their duty of care. It can be challenging to prove that the defendant's inaction or actions resulted in damage. It is not enough to prove that the attorney's negligence led to a poor outcome. A malpractice lawyers claim must also demonstrate that there was a high likelihood that the plaintiff's lawsuit could have been settled if the defendant had followed standard procedures.