How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, you have to show that the breach resulted in negative financial, legal or other consequences for you. You must demonstrate a direct connection between the attorney's negligence and the negative results.

Legal malpractice doesn't include issues of strategy. However, if you lose a case due to your lawyer failed to file the lawsuit in time, this could be an act of malpractice.

Fraud in the use of funds

One of the most common kinds of legal malpractices is the misuse by a lawyer of funds. Lawyers are required to fulfill a fiduciary duty to their clients, and must behave with trust and fidelity when handling money or other property that the client has given them.

If a client is required to pay their retainer to a lawyer, they are required by law to place that money in a separate funds that are only intended for the specific case. If the attorney co-mingles the escrow account with their personal funds or utilizes it for other purposes that is a clear violation of fiduciary duty and could result in legal fraud.

Imagine, for example the scenario where a client hires an attorney to represent him in a lawsuit against a motorist whose car struck them when they crossed the street. The client could prove the driver's negligence and the collision caused their injuries. Their lawyer does not follow the law and is unable file the case in time. Therefore, the case is dismissed and the injured party suffers financial losses because of the lawyer's error.

A statute of limitations limits the amount of time you can pursue a lawyer's la vista malpractice attorney. It can be difficult to determine if an injury or loss was caused by the attorney's negligence. A New York attorney who is knowledgeable about malpractice law will be able to explain the statute of limitation and help you determine if you have a case that is eligible for a lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when a lawyer does not follow generally accepted professional standards and causes harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relation and a duty, breach and proximate cause.

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing to timely to file suit within the statutes of limitations, taking cases in which they're not competent, not conducting an effective conflict check, and not being up-to the latest court proceedings, or any new developments in law that could affect the case. Lawyers must communicate with their clients in a reasonable way. This is not limited to emails and faxes and includes also returning telephone calls in a timely manner.

It is also possible for lawyers to commit fraud. This could be done by lying to the client, or to anyone else involved in the case. It is crucial to know the facts so you can determine if the attorney is dishonest. A violation of the agreement between an attorney and a client occurs when an attorney takes cases outside their expertise without informing the client of this or suggesting they seek independent counsel.

Inability to advise

When a client hires an attorney, it indicates that they have reached the point where their legal situation is beyond their ability and experience, and they can no longer resolve it on their own. The lawyer has a duty to inform clients of the merits of the case, the risks and costs involved, as well as their rights. An attorney who fails to do this may be liable.

Many legal malpractice cases stem from a lack of communication between lawyers and their clients. An attorney might not return a phone calls or fail to inform their clients about a specific decision taken on their behalf. An attorney may not be able to communicate crucial information regarding a case or fail to disclose known issues with the transaction.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must prove they suffered financial losses due to of the lawyer's negligence. The losses should be documented. This requires evidence, such as email and client files, or other correspondence between an attorney and client, as well bills. In cases involving fraud or theft It may be required to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys must adhere to the law and be aware of the law's implications for specific situations. If they don't, they could be guilty of malpractice. Examples include combining client funds with their own, or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Other examples of legal malpractice include failing to file a suit within the time limit and not filing the suit by the deadlines set by the court and not complying with the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interests. They must inform clients of any personal or financial interest that might affect their judgment when representing them.

Additionally, attorneys are required to comply with the directions of their clients. Attorneys are required to follow the directions of clients unless it is obvious that the act will not be beneficial.

In order to prevail in a brunswick malpractice lawsuit case, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. This can be difficult since it requires proof that the defendant's actions or negligence caused damages. It's not enough to prove the result of the attorney's negligence was negative; for a malpractice claim to succeed, it must be shown that there is a high probability that the plaintiff could have won their case should the defendant followed the usual procedure.