How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you must prove that their negligence caused financial, legal or other negative effects for you. It's not enough to demonstrate that the attorney's negligence was bad; you must also show that there is a direct connection between the breach and the resulting outcome.

Matters of strategy do not constitute legal malpractice, but if your lawyer fails to file a lawsuit within the timeframe and you lose the case that could be a sign of malpractice.

The misuse of funds

The misuse of funds by a lawyer is among the most widespread forms of legal negligence. Lawyers have a fiduciary obligation with their clients and are expected to act with a high degree of trust and fidelity, particularly when dealing with money or other property that the client has entrusted to them.

When a client pays their retainer and the lawyer is required by law to deposit the money in a separate escrow account that is exclusively intended for the specific case. If the attorney combines the account with their own personal funds or utilizes it for any other purpose this is a blatant breach of fiduciary responsibility and could result in legal malpractice attorneys.

For instance, suppose that a customer hires their attorney to represent them in a lawsuit against a driver who slammed into them as they were crossing the street. The client is able to prove that the driver was negligent and could show that the accident caused their injuries. The lawyer however violates the law and is unable file the case in time. The lawsuit is dismissed and the injured party suffers financial losses as a result of the lawyer's mistake.

The time frame for suing an attorney for negligence is governed by a statute-of-limitations that can be difficult to calculate in a case where a loss or injury occurred as the result of the negligence of the attorney. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitations and assist you in determining whether you have a case which is suitable for a lawsuit.

Disobedience to the Rules of Professional Conduct

Legal Malpractice lawyers is when a lawyer does not adhere to generally accepted professional standards and causes harm to the client. It is based on the same four elements as the majority of torts: an attorney-client relationship as well as a duty, breach, and proximate causality.

Some typical examples of malpractice are a lawyer commingling their personal and trust account funds, failing to make a claim within the timeframe set by the statute of limitations, taking on cases in which they are not competent, not conducting an investigation into conflicts, and not keeping up-to-date with court proceedings or any new developments in law that may affect the case. Lawyers are also required to communicate with clients in a reasonable way. This is not limited to email and faxing and includes also returning telephone calls in a timely manner.

Attorneys can also commit fraud. This can occur in various ways, including lying to the client or to anyone involved in a case. In this situation, it is important to have the facts in the hands of the investigator to determine if the attorney was being insincere. A breach of the agreement between the attorney and client occurs when an attorney is able to handle a case outside their expertise without advising the client or informing them to seek out independent counsel.

Failure to Advise

If a client engages an attorney, it indicates that they've reached a point where their legal situation is beyond their own skill and experience and that they are no longer able to resolve it by themselves. The lawyer has a duty to inform clients of the benefits of the case, the risks and costs involved, and their rights. If an attorney fails to perform this, they could be guilty of malpractice.

Many legal malpractice claims stem from of poor communication between lawyers and their clients. An attorney might not return a the phone or fail inform their clients about a specific decision they made on their behalf. An attorney might also neglect to disclose important information about an instance or fail to reveal any problems that may arise from an transaction.

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

Failure to Follow the Law

Attorneys must follow the law, and know how it applies to specific circumstances. If they fail to do so and they don't, malpractice lawyers they could be found guilty of malpractice lawsuit. Examples include combining funds from clients with their own, or using settlement proceeds for personal expenses, or failing to exercise basic due diligence.

Another example of legal malpractice includes the failure to file a lawsuit within the timeframe of limitations, failing to meet deadlines for filing with the court or not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interest. This means they must inform clients of any financial or personal concerns that could impact their decision-making process when representing them.

Attorneys are also required to abide by the instructions of their clients. Attorneys must abide by the instructions of clients, unless it is clear that the actions will not be beneficial.

To win a malpractice suit the plaintiff has to prove that the lawyer breached their duty of care. This can be difficult, since it requires proving the defendant's actions, Malpractice lawyers or inaction, caused damages. It's also not enough to show that the result of the negligence of the attorney was detrimental and for a malpractice case to succeed, it must be proven that there is a high probability that the plaintiff could have won their case should the defendant followed the standard procedure.