How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you need to prove that the breach had negative legal, financial or other consequences for you. You must show an immediate connection between the attorney's incompetence and the negative outcome.

Strategies do not be considered legal Malpractice lawyer, but when your lawyer fails to file a lawsuit on time and you lose the case this could be a type of malpractice.

Fraud in the use of funds

The misuse of funds by a lawyer is one of the most frequent forms of legal fraud. Attorneys are bound by a fiduciary obligation to their clients, and must behave with confidence and fidelity when handling money or other property that the client has trusted them with.

When a client pays retainer fees, their lawyer must put the money into a separate escrow account that is specifically destined for the purpose of the case only. If the attorney utilizes the escrow funds to pursue personal goals or mix it with their own funds and funds, they are in breach of their fiduciary duty and could be accused of legal malpractice.

For example, imagine that a client hires an attorney to represent them in the case of a driver who hit them as they were walking across the street. The client has evidence that the driver was negligent, and can prove that the accident caused their injuries. However, their lawyer is not aware of the deadline and is in a position to file the lawsuit within the timeframe. Therefore, the case is dismissed and the party who was injured suffers financial losses as a result of the lawyer's mistake.

The time to sue an attorney for malpractice is limited by a statute of limitations which can be difficult to determine in a situation where a loss or injury occurred as the result of the attorney's negligence. A competent New York attorney with experience in malpractice law can explain the time limit to you and assist you to determine if your case is suitable for a legal malpractice suit.

Failure to follow the professional rules of conduct

Legal malpractice is the case when a lawyer doesn't follow generally accepted professional standards and results in harm to the client. It entails the same four elements as most torts: an attorney-client relationship an obligation, a breach, and proximate causation.

Some common instances of malpractice are a lawyer commingling their personal and trust account funds, failing to timely make a claim within the timeframe set by the statute of limitations, taking on cases where they aren't competent, not performing a conflict check, and not keeping up to date on court proceedings or new developments in the law that could affect the case. Lawyers are accountable to communicate with their clients in a timely manner. This includes not just emails and faxes, but also resolving telephone calls promptly.

It is also possible for attorneys to commit fraud. This can happen in a variety of ways, such as lying to the client or to anyone involved in a case. In this case it is imperative to have all the facts at the hands of the investigator to determine if the lawyer was being untruthful. It is also a breach of the attorney-client agreement if an attorney accepts cases that are outside of their area of expertise and fails to inform the client of this or suggest that they seek separate counsel.

Inability to advise

When a client hires an attorney, it indicates that they've reached the point at which their legal situation is beyond their expertise and experience and they are unable to resolve it by themselves. The lawyer has a duty to inform clients of the benefits of the case, the potential risks and costs involved, as well as their rights. If a lawyer fails to do this, they could be found guilty of malpractice lawsuits.

Many legal malpractice claims stem due to poor communication between attorneys and their clients. An attorney may not return calls or fail to inform their clients about a specific decision they made on their behalf. Attorneys may also fail to provide important information regarding a case or fail to identify any issues with the transaction.

It is possible to claim a lawyer's negligence, but the client must prove that they have suffered financial losses due to of the lawyer's negligence. These losses should be documented. This requires evidence, like client files and emails or any other correspondence between an attorney and a client, as well bills. In the event of theft or fraud it could also be required to get an expert witness to look into the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and know how it applies in specific situations. If they don't and they don't, they could be found guilty of malpractice. Examples include combining funds from clients with their own, or using settlement proceeds to pay personal expenses, or failing to perform basic due diligence.

Another example of legal malpractice includes failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must inform clients of any financial or personal interest that could affect their judgment 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 clear that the action will not be beneficial.

To prevail in a malpractice lawsuit the plaintiff must demonstrate that the lawyer breached their duty of care. It can be challenging to prove that the defendant's lapses or actions resulted in damage. It's not enough to prove the result of the negligence of the attorney was detrimental in order for a malpractice claim to be successful, it has to be demonstrated that there's an extremely high chance that the plaintiff would have prevailed when the defendant had acted in accordance with the usual procedure.