How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you must prove that their negligence caused legal, monetary or other negative consequences for you. You must establish that there is a direct link between the attorney's negligence and the negative outcome.

Strategies do not be considered legal malpractice, however, when your lawyer fails to file a lawsuit on time and you lose the case, that could be a sign of malpractice.

Inappropriate use of funds

One of the most prevalent kinds of legal malpractice is a lawyer's misuse of funds. Lawyers have a fiduciary obligation with their clients and are expected to behave with a high degree of trust and fidelity, particularly when dealing with money or other property that the client has handed over to them.

When a client makes a payment for their retainer and the lawyer is required by law to keep that money into an fund for escrow that is exclusively used for that particular case. If the attorney makes use of the escrow fund for personal reasons or mixes it with their own funds and funds, they are in breach of their fiduciary obligations and could be charged with legal malpractice.

Imagine, for instance, that a client hired an attorney to represent him in a lawsuit filed against a driver whose vehicle struck them when they crossed the street. The client could prove the driver's negligence as well as that the collision resulted in their injuries. The lawyer however does not follow the law and is unable file the case in 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 for suing an attorney for malpractice is limited by a statute of limitations which can be difficult to determine in cases where an injury or loss was the result of the negligence of the attorney. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitations and assist you in determining whether you have a case that is eligible for an action.

Failure to adhere to the rules of professional conduct

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

A few common examples of malpractice include a lawyer who has a personal and trust account funds, failing in time to bring suit within the timeframe set by the statute of limitations and assuming cases where they are not competent, failing to conduct a conflict check, and not staying up to date with court proceedings or new developments in law that could affect the case. Lawyers are also required to communicate with clients in a reasonable way. This does not only include email and fax and includes also responding to phone calls promptly.

It is also possible for attorneys to engage in fraud. This could be done by lying to the client or anyone else involved in the case. It is important to know the facts in order to determine whether the attorney was deceitful. A breach of the agreement between the attorney and client occurs when an attorney is able to handle a case outside their expertise without informing the client of this or advising them to seek independent counsel.

Inability to provide advice

If a client decides to hire a lawyer, it means that their legal situation has become beyond their knowledge and experience. They cannot resolve the issue by themselves. The lawyer is obliged to inform clients of the merits of the case, the potential risks and costs involved, as well as their rights. If an attorney fails to do this, they may be guilty of malpractice.

Many legal malpractice claims arise because of poor communication between attorneys, and their clients. An attorney may not return phone call or fail to inform their clients of a certain decision taken on their behalf. Attorneys may also fail to provide important information regarding a case or fail to disclose known problems with a transaction.

A client can sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. The losses must be documented, which will require evidence such as files of the client, emails and other correspondence between the lawyer and the client, and bills. In the event of fraud, or theft an expert witness might be required to review the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and know the laws that apply to specific circumstances. They could be found guilty of malpractice when they fail to do so. Examples include combining funds from clients with their own or using settlement proceeds for personal expenses, or failing to exercise basic due diligence.

Another instance of legal misconduct is failure to file a lawsuit within the timeframe of limitations, ignoring court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of interests. This means that they must inform clients of any personal or financial interest that could influence their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. If a client instructs the attorney to take specific actions the attorney must comply with those instructions unless there is an obvious reason why it is not beneficial or feasible.

To win a malpractice suit the plaintiff must demonstrate that the lawyer breached their duty of care. It isn't easy to prove that the defendant's inaction or actions caused damage. It isn't enough to prove that the attorney's error resulted in a bad outcome. A malpractice lawyer claim must prove that there was a high chance that the plaintiff's claim could have been settled if the defendant had followed normal procedures.