How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that the breach of duty led to financial, legal or other negative consequences for you. It's not enough to prove that the attorney's negligence was negligent and you must prove a direct link between the breach and the negative outcome.

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

Inappropriate use of funds

The misuse of funds by a lawyer is among the most common forms of legal malpractice. Lawyers are bound by a fiduciary obligation to their clients, and must act with trust and fidelity when handling funds or other assets that the client has trusted them with.

When a client makes retainer fees, their lawyer must put the money into a separate escrow account specifically destined for the purpose of the case only. If the attorney co-mingles the escrow account with personal funds or makes use of it for any other purpose that is a clear breach of fiduciary responsibility and could constitute legal malpractice.

Imagine, for instance that a customer hires an attorney to represent him in a suit filed against a motorist whose car was struck by them as they crossed the street. The client is able to prove that the driver was negligent, and can demonstrate that the collision caused their injuries. But, their lawyer violates the deadline and is in a position to file the lawsuit within time. Thus, the lawsuit is dismissed and the party who was injured is financially harmed due to the lawyer's error.

The time limit to sue an attorney for malpractice is limited by a statute of limitations that can be difficult to determine in cases where an injury or loss resulted from the attorney's negligence. A competent New York attorney with experience in malpractice law can explain the statute of limitations to you and help determine if your situation is a good candidate for a legal Whitewater Malpractice Lawsuit suit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when a lawyer does not adhere to generally accepted professional standards and causes harm to the client. It is required to meet the four components of most torts: an attorney-client relationship as well as breach of duty and proximate cause.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing timely to file a suit within the time limits, taking cases where they are not competent, failing to conduct an examination of conflicts and not being up-to date on court proceedings or any recent developments in law that could impact the case. Lawyers are required to communicate with their clients in a reasonable way. This does not only include email and faxing as well as answering phone calls promptly.

It is also possible for attorneys to engage in fraud. It can be done by lying to the client or any other person who is involved in the case. It is essential to learn the facts to determine if the attorney is deceitful. A violation of the attorney-client agreement occurs when an attorney handles cases outside their area of expertise without informing the client or advising them to seek independent counsel.

Failure to Advise

When a client hires an attorney, it means they have reached the stage where their legal problem is beyond their ability and experience and they are unable to resolve it on their own. The lawyer has a duty to inform clients of the advantages of the case, the potential risks and costs involved, and their rights. A lawyer who fails to provide this advice could be found guilty.

Many legal malpractice cases stem from a lack of communication between lawyers and their clients. For example an attorney may not answer phone calls or fail to notify their clients of a decision taken on their behalf. A lawyer may also fail to share important information about a case or fail to disclose known problems with the transaction.

A client may sue an attorney if they've suffered financial losses due to the negligence of the lawyer. These losses must be documented. This requires evidence, like client files and emails or other correspondence between an attorney and client, as well bills. In cases of fraud or theft an expert witness could be required to review the case.

Failure to Follow the Law

Attorneys must abide by the law, and know what it means for specific circumstances. If they don't or don't, they could be accused of malpractice. Examples include mixing funds from clients with theirs using settlement proceeds to pay for personal expenses, and failing to do basic due diligence.

Other instances of legal malpractice are failure to file a lawsuit within the time limit or missing deadlines for filing with the court and not following the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must inform clients of any personal or financial interest that could affect their judgment when representing them.

Attorneys must also follow the instructions of their clients. Attorneys must follow instructions from clients unless it is clear that the decision will not be beneficial.

In order to prevail in a malpractice case the plaintiff must show that the lawyer acted in violation of his duty of care. It can be difficult to establish that the defendant's inaction or actions caused harm. It's not enough to prove that the result of the attorney's negligence was negative in order for a malpractice claim to be successful, it must be proven that there is an excellent chance that the plaintiff could have won the case in the event that the defendant had followed the accepted practice.