How to Sue Your Attorney for Malpractice

If you want to sue your attorney for negligence, you must show that their negligence caused financial, legal or other negative effects for you. It's not enough to demonstrate that the attorney's negligence was negligent; you must also show an immediate link between the breach and the resulting outcome.

Matters of strategy do not be considered legal malpractice, but when your lawyer fails to submit a lawsuit on time and you lose the case that could be a sign of malpractice.

Inappropriate use of funds

One of the most common kinds of legal malpractice is the misuse of funds by a lawyer. Attorneys are bound by a fiduciary duty to their clients, and must behave with trust and fidelity when handling funds or other property that the client has entrusted them with.

If a client pays retainer to their lawyer, the lawyer must put that money into a separate escrow account specifically designated for the specific purpose of the case only. If the attorney mixes the account with their personal funds or uses it for any other purpose it is a clear violation of fiduciary duty and could be considered legal negligence.

Imagine, for example, that a client hired an attorney to represent him in a lawsuit against a motorist whose car was struck by them as they crossed the street. The client has the ability to prove driver's negligence and that the accident caused their injuries. Their lawyer, however, violates the law and is unable to file the case on time. The lawsuit is dismissed, and the person who was injured is liable for financial loss as a result of the lawyer's mistake.

The time frame for suing an attorney for malpractice is limited by a statute-of-limitations, which can be tricky to calculate in a case where a loss or injury occurred as the result of the attorney's negligence. A New York attorney who is proficient in belpre malpractice attorney law will be able to explain the statute of limitation and assist you in determining whether you have a case that is eligible for an action.

Failure to follow the professional rules of conduct

Legal Riverdale Park Malpractice Lawyer is when a lawyer does not follow generally accepted professional standards and results in harm to the client. It is the result of four elements of most torts: an attorney-client relation as well as breach of duty and the proximate cause.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing to file suit within the statute of limitations, pursuing cases in which they aren't competent, failing to conduct an investigation into conflicts and not being up-to the latest court proceedings, or any new developments in law that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This doesn't only apply to email and faxing and also includes returning telephone calls promptly.

It is also possible for lawyers to commit fraud. This can happen in various ways, including lying to the client or to anyone else involved in the case. In this situation, it is important to have the facts on hands so that you can determine if the lawyer was being dishonest. A violation of the attorney-client agreement is when an attorney decides to take an action outside of their area of expertise without informing the client or soliciting independent counsel.

Failure to provide advice

When a client employs a lawyer, it means that their legal issue has become beyond their skill and experience. They cannot resolve the issue on their own. Lawyers are required to inform clients about the benefits of the case, the risks and costs involved, as well as their rights. If an attorney does not do this, they could be found guilty of malpractice.

Many legal malpractice cases result from a lack of communication between attorneys and their clients. For instance, an attorney might not respond to phone calls or fail to inform their clients of a decision taken on their behalf. A lawyer may also fail to communicate important details about the case or fail to disclose known problems with transactions.

It is possible to sue an attorney for negligence, however, a client must prove they suffered real financial losses because of the negligence of the lawyer. The losses must be documented. This requires evidence, like email and client files, or any other correspondence between an attorney and a customer, as well as invoices. In the event of fraud or theft, an expert witness may be needed to investigate the case.

Failure to Follow the Law

Attorneys must abide by the law and understand what it means for specific circumstances. They could be found guilty of misconduct if they do not. Examples include mixing funds from clients with their own using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Another example of legal malpractice includes the failure to file a lawsuit within the timeframe of limitations, missing deadlines for filing court documents and not adhering to the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. This means that they have to inform clients of any financial or personal interest that could influence their decision-making process when representing them.

In addition, attorneys are required to comply with the directions of their clients. If a client asks them to take a specific action then the attorney must follow those instructions unless there is an obvious reason that it would not be beneficial or feasible.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It isn't easy to prove that the defendant's actions or actions caused harm. It isn't enough to demonstrate that the attorney's wrongful actions led to a poor outcome. A malpractice claim must also demonstrate that there was a high probability that the plaintiff's case would have been successful if the defendant followed standard practices.