How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must prove that their breach of duty caused financial, legal or other negative effects for you. You must prove that there is a direct link between the attorney's incompetence and the negative outcome.

Matters of strategy do not constitute legal malpractice law firms, however, the lawyer you hire fails to submit 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 popular types of legal malpractice involves the misuse by a lawyer of funds. Lawyers are legally bound by a fiduciary responsibility to their clients and must behave with trust and malpractice fidelity when handling money or other assets that the client has entrusted them with.

When a client makes a retainer, their attorney is required to place the money into an separate escrow account specifically designated for the specific purpose of the case only. If the lawyer utilizes the escrow funds for personal purposes or co-mingles it with their own funds it is in violation of their fiduciary responsibilities and could be charged with legal negligence.

Imagine, for instance, that a client hired an attorney to represent him in a lawsuit against a driver whose car struck them while crossing the street. The client can prove the driver's negligence as well as that the collision caused their injuries. However, their lawyer fails to comply with the statute of limitations and is unable to file the case within the timeframe. The lawsuit is dismissed, and the party who was injured suffers financial losses as a result of the lawyer's mistake.

The time limit to sue an attorney for malpractice is limited by a statute-of-limitations which can be difficult to calculate in a case where a loss or injury occurred as the result of the negligence of the attorney. A reputable New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you determine if your case is a good candidate for a legal malpractice lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs when an attorney fails to adhere to generally accepted standards of professional conduct, and causes harm to the client. It has the same four elements that are common to all torts, including an attorney-client relationship as well as a duty, breach, and proximate causation.

Some common instances of malpractice include a lawyer who has a personal and trust account funds, failing to file a lawsuit within the statute of limitations or taking on cases in which they are not competent, not conducting a conflict check, and not staying up to date with court proceedings or new developments in the law that may affect the case. Lawyers are accountable to communicate with their clients in a reasonable manner. This is not limited to email and faxes, but also returning telephone calls promptly.

Attorneys can also commit fraud. This could be done by lying to the client, or any other person involved in the case. It is crucial to know the facts in order to determine if the lawyer was dishonest. It is also a breach of the contract between attorney and client if an attorney accepts an issue that is outside of their area of expertise and fails to inform the client about this or advise them to seek separate counsel.

Inability to inform

If a client decides to hire an attorney, it implies that their legal matter has been beyond their expertise and experience. They cannot resolve the issue on their own. The lawyer is obliged to inform clients about the merits of the case, the risks and costs involved, as well as their rights. If an attorney does not perform this, they could be found guilty of malpractice.

Many legal malpractice cases are the result of poor communication between lawyers and their clients. A lawyer may not answer a phone calls or fail to inform their clients about a specific decision made in their behalf. An attorney could also fail to communicate important information regarding a case or fail to reveal any issues with the transaction.

A client may sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. The losses have to be documented, which will require documents such as client files email correspondence, other correspondence between the lawyer and the client, and bills. In cases of fraud or theft, an expert witness may be required to look into the case.

Failure to Follow the Law

Attorneys must be in compliance with the law and understand the law's implications for specific situations. If they fail to do so then they could be accused of malpractice. Examples include combining funds from clients with their own, or using settlement proceeds for personal expenses, and not performing basic due diligence.

Another type of legal malpractice includes the failure to file an action within the statute of limitations, not meeting court filing deadlines and not observing the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. This means that they must inform clients of any personal or financial interests that could affect their judgment in representing them.

Attorneys are also required to comply with the directions of their clients. Attorneys must follow instructions from clients unless it is obvious that the decision will not be beneficial.

In order to prevail in a malpractice case the plaintiff must 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 harm. It isn't enough to prove that the attorney's negligence led to a poor outcome. A malpractice claim must prove that there was a high likelihood that the plaintiff's case would have been successful if the defendant had followed the standard procedure.