How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you have to prove that the breach of duty led to financial, legal or other negative outcomes for you. It's not enough to prove that the attorney's negligence was bad but you must also prove a direct link between the breach and the undesirable outcome.

Legal malpractice does not cover issues of strategy. If you lose a case because your lawyer failed to file the lawsuit within the timeframe it could be a case of malpractice.

Inappropriate use of funds

Fraud in the handling of funds by lawyers is one of the most common forms of legal malpractice. Lawyers have a fiduciary obligation with their clients and are expected to act with the utmost trust and fidelity, particularly when handling money or other property that the client has handed over to them.

When a client pays a retainer, their lawyer is required to deposit the money into an separate escrow account that is designated for that case's purpose only. If the attorney combines the account with their own personal funds or uses it for any other purpose that is a clear violation of fiduciary duty and could constitute legal fraud.

Imagine, for instance that a customer hires an attorney to represent him in a lawsuit filed against a driver whose car struck them when they crossed the street. The client is able to prove the driver's negligence, and that the accident caused their injuries. But, their lawyer violates the deadline and is unable to file the case within the timeframe. The lawsuit is dismissed and the victim is financially harmed due to the lawyer's error.

The statute of limitations limit the time you have to pursue a lawyer's malpractice. This can be difficult to determine when an injury or loss was caused by 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 situation is suitable for a legal malpractice lawsuit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice occurs when an attorney fails to adhere to generally accepted professional standards and causes harm to the client. It entails the same four elements of most torts: an attorney-client relationship as well as a duty, breach, and proximate causality.

A few common examples of malpractice are a lawyer commingling their personal and trust account funds, failing in time to make a claim within the timeframe of the statute of limitations and assuming cases in which they aren't competent, failing to conduct a conflict check, and not keeping up to date with court proceedings or any new developments in the law that could affect the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This doesn't just mean the use of faxes and email, but also the ability to return phone calls promptly.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client, or to anyone else involved in the investigation. In this scenario it is imperative to have all the facts at your possession to determine if the attorney was being dishonest. It also constitutes a breach of the attorney-client contract when an attorney takes on an issue that is outside of their expertise and does not inform the client of this or advise them to seek separate counsel.

Inability to provide advice

When a client employs a lawyer, it signifies that their legal issue has exceeded their skills and experience. They are unable to resolve it themselves. It is the lawyer's duty to advise clients on the merits of a case in addition to the costs and risk involved, as well as their rights. If an attorney fails to do this, they could be guilty of malpractice.

Many legal palm springs malpractice lawyer claims stem from of poor communication between attorneys, and their clients. Attorneys may not respond to phone calls or fail to inform their clients of a certain decision taken on their behalf. An attorney might also neglect to share important information about the case or fail to disclose known problems with an transaction.

A client can sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. The losses must be documented. This requires evidence, like email and client files, or other correspondence between an attorney and client, as well 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 bound by the law and know how it applies in specific situations. If they don't or don't, they could be accused of misconduct. Examples include mixing funds from clients with their own using settlement proceeds to pay for personal expenses and not doing basic due diligence.

Another instance of legal malpractice includes the failure to file a lawsuit within the statute of limitations, failing to meet deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. They must inform clients of any personal or financial interest that might affect their judgment when representing them.

In addition, attorneys are required to follow instructions from their clients. Attorneys must follow the instructions of clients unless it is evident that the action will not be beneficial.

In order to prevail in a hastings malpractice attorney case the plaintiff must prove that the lawyer violated his duty of care. It can be difficult to prove that the defendant's lapses or actions caused damage. It's not enough to prove the result of the negligence of the attorney was bad in order for a malpractice claim to be successful, it must be proven that there is an excellent chance that the plaintiff would have prevailed should the defendant followed the standard procedure.