How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, you have to show that the breach resulted in negative financial, legal or other implications for you. It's not enough to demonstrate that the attorney's negligence was bad but you must also prove that there is a direct connection between the breach and the unfavorable outcome.

Strategies do not constitute legal malpractice, however, if your lawyer does not file a lawsuit on time and you lose the case, that could be a form of malpractice.

Use of funds in a fraudulent way

One of the most frequent types of legal malpractice is the misuse of funds by a lawyer. Attorneys have a fiduciary relationship with their clients and are expected to act with a high degree of trust and fidelity, particularly when handling money or lawsuit other property that the client has handed over to them.

When a client pays their retainer the lawyer is obligated by law to deposit the money into an escrow fund that is only utilized for that particular case. If the attorney makes use of the escrow fund for personal use or co-mingles it with their own funds and funds, they are in breach of their fiduciary obligations and could be accused of legal malpractice.

For instance, suppose that a client employs their attorney to represent them in a lawsuit against a driver who slammed into them as they were walking across the street. The client has evidence that the driver was negligent and can prove that the collision caused their injuries. However, their lawyer misses the statute of limitations and is in a position to file the lawsuit within the timeframe. Consequently, the lawsuit is dismissed and the party who was injured 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 lawsuits. It can be a challenge to determine when an injury or loss was caused by the negligence of an attorney. A competent New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and help you determine if your case is suitable for a legal malpractice lawsuit.

Failure to follow the Rules of Professional Conduct

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

Some typical examples of malpractice include a lawyer mixing their personal and trust account funds, failing in time to file a lawsuit within the timeframe of the statute of limitations and taking on cases where they aren't competent, not performing an investigation into conflicts, and not keeping up-to-date with court proceedings or any new developments in law that could impact the case. Lawyers are also required to communicate with clients in a fair manner. This does not only include email and fax and includes also answering phone calls promptly.

It is also possible for lawyers to engage in fraud. It can be done in a variety of ways, such as lying to the client or to anyone else involved in the case. It is essential to understand the facts in order to determine if the attorney was untruthful. A violation of the agreement between an attorney and a client is when an attorney decides to take cases outside their expertise without informing the client of this or soliciting independent counsel.

Failure to provide advice

If a client engages an attorney, it is a sign that they have reached the point at which their legal situation is beyond their capabilities or experience and they can no longer resolve it by themselves. The lawyer is required to inform clients of the advantages of the case, the potential risks and costs involved, and their rights. An attorney who fails to do so may be liable.

Many legal malpractice claims are the result of poor communication between lawyers and their clients. An attorney may not return phone call or fail to inform their clients of a certain decision taken on their behalf. Attorneys may not be able to communicate crucial details about a case or fail to disclose known issues in a transaction.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must prove they suffered financial losses due to of the lawyer's negligence. The losses must be documented, which will require documents such as client files emails, client files, and other correspondence between the lawyer and the client, and bills. In the event of fraud, or theft an expert witness could be required to review the case.

Failure to Follow the Law

Attorneys are required to follow the law and comprehend the law's implications in particular situations. If they fail to do so or don't, they could be accused of misconduct. Examples include mixing client funds with theirs using settlement proceeds to pay for personal expenses and not doing basic due diligence.

Another type of legal malpractice is the failure to file a lawsuit within the statute of limitations, not meeting deadlines for filing in court, and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of interest. This means that they must inform clients of any financial or personal interests that might affect their decision-making process when representing them.

Attorneys are also required to adhere to the instructions of their clients. Attorneys are required to follow the directions of clients unless it is clear that the actions would not be beneficial.

In order to prevail in a malpractice lawsuit the plaintiff must show that the lawyer breached their duty of care. It isn't easy to prove that the defendant's actions or actions caused harm. It isn't enough to prove that the attorney's error led to a poor outcome. A malpractice claim must prove that there was a high likelihood that the plaintiff's lawsuit could have been won had the defendant had followed normal procedures.