How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you have to prove that their negligence caused legal, monetary or other negative outcomes for you. It's not enough to prove the negligence of the attorney was a problem and you must prove an unambiguous link between the breach and the resulting outcome.

Strategy-related issues do not constitute legal malpractice, however, when your lawyer fails to file a lawsuit in time and you lose the case, this could be a type of sullivan malpractice lawyer.

Inappropriate use of funds

One of the most common types of legal malpractice involves a lawyer's misuse of funds. Lawyers are in a fiduciary relationship with their clients and are required to behave 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 is required to pay a retainer to their attorney, the lawyer is required to put that money into a separate escrow account designated for that case's purpose only. If the attorney makes use of the escrow fund for personal purposes or co-mingles it with their own funds it is in violation of their fiduciary obligations and could be charged with legal malpractice.

Imagine, for example, that a client hired an attorney to represent him in a lawsuit filed against a motorist whose car hit them as they crossed the street. The client can prove the driver's negligence and that the accident caused their injuries. However, their lawyer misses the deadline and is unable to file the case within time. The lawsuit is dismissed and the injured party is liable for financial loss as a result of the lawyer's mistake.

The time for suing an attorney for malpractice is limited by a statute of limitation, which can be tricky to determine in cases where an injury or loss occurred as the result of the negligence of the attorney. A New York attorney who is skilled in malpractice law can explain the statute of limitations and assist you in determining whether you have a case that qualifies for a lawsuit.

Inability to follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails to 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 and a duty, a breach, and proximate cause.

Some examples of south houston malpractice lawsuit include a lawyer commingling their personal and trust account funds, failing to timely make a claim within the timeframe set by the statute of limitations or taking on cases where they are not competent, failing to conduct a conflict check, and not keeping up to date with court proceedings or other developments in law that may affect the case. Lawyers are required to communicate with their clients in a fair and reasonable manner. This does not only include email and faxes, but also the ability to return phone calls promptly.

It is also possible for attorneys to engage in fraud. It can be done in a variety of ways, such as lying to the client or to anyone involved in a case. It is essential to learn the facts so that you can determine if the lawyer was deceitful. It's also a violation of the contract between attorney and client if an attorney accepts an assignment that is not within the scope of their area of expertise and does not inform the client of this or recommend seeking separate counsel.

Failure to Advise

When a client hires an attorney, it indicates that they have reached the point at which their legal situation is beyond their ability or experience and they are unable to solve it on their own. It is the attorney's responsibility to inform clients about the merits of a case, the costs and risks involved, as well as their rights. Lawyers who fail to do this could be guilty.

Many legal malpractice claims stem due to poor communication between attorneys and their clients. For example attorneys may not respond to phone calls or fail to notify their clients of a decision taken on their behalf. Attorneys may not also communicate vital information regarding a case or not disclose any known issues with a transaction.

It is possible to sue an attorney for negligence, however, a client must prove that they have were able to recover financial losses as a result of the negligence of the lawyer. The losses should be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and a client, as well as invoices. In the event of theft or fraud, it may also be required to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys must adhere to the law and be aware of what it means in specific situations. If they fail to do so or don't, they could be accused of malpractice. Examples include combining funds from clients with their own, or using settlement proceeds for personal expenses, or failing to perform basic due diligence.

Other examples of legal misconduct include failure to file a lawsuit within the statute of limitation and not filing the suit by the deadlines set by the court and not following the Rules of Professional Conduct. Attorneys are also required to disclose any conflict of interest. They must inform clients of any financial or personal interests that could influence their judgement when representing them.

Additionally, attorneys are required to abide by the instructions of their clients. Attorneys are required to follow the directions of clients, unless it is clear that the decision is not beneficial.

In order to win a malpractice suit the plaintiff has to prove that the lawyer violated their duty of care. This isn't easy, since it requires proving the defendant's actions or inaction resulted in damages. It isn't enough to prove that the attorney's negligence caused a negative outcome. A malpractice claim must also show that there was a significant chance that the plaintiff's claim would have been won if the defendant had followed normal procedures.