How to Sue Your Attorney for Malpractice

To pursue an attorney's malpractice, it is necessary to prove that the breach of duty resulted in negative financial, legal or other implications for you. You must show a direct connection between the attorney's incompetence and the negative outcome.

The nuances of strategy don't be considered legal malpractice, but if your lawyer fails to file a lawsuit in time and you lose the case that could be a sign of malpractice.

The misuse of funds

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

When a client makes a retainer to their attorney, the lawyer is required to deposit the money into a separate escrow account designated for that case's purpose only. If the attorney makes use of the escrow account for personal reasons or mixes it with their own funds the attorney is in breach of their fiduciary duty and could be accused of legal misconduct.

As an example, suppose that a client hires an attorney to represent them in the case of a driver who hit them while they were walking along the street. The client can prove that the driver was negligent and could prove that the collision caused their injuries. Their lawyer does not follow the law and is unable to file the case in time. The lawsuit is dismissed and the person who was hurt is liable for financial losses as a result of the lawyer's mistake.

The statute of limitations limit the amount of time you can sue an lawyer for malpractice attorneys. It can be difficult to determine when an injury or loss is due to the negligence of the lawyer. A reputable New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and assist you to determine if your situation is a good candidate for a legal malpractice lawsuit.

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 a requirement of the four elements of most torts: an attorney-client relationship, a duty, breach and proximate cause.

Some typical examples of malpractice include a lawyer who has a personal and trust account funds, failing in time to file suit within the statute of limitations, taking on cases in which they are not competent, not performing an investigation into conflicts, and not keeping up to date with court proceedings or any new developments in the law that could impact the case. Lawyers are required to communicate with their clients in a reasonable manner. This isn't just limited to email and fax and also includes returning phone calls in a timely manner.

Attorneys are also able to commit fraud. This can be done in a variety of ways, such as lying to the client or to anyone else involved in the case. It is crucial to know the facts so that you can determine if the attorney was dishonest. A violation of the attorney-client agreement occurs when an attorney takes a case outside their expertise without informing the client of this or informing them to seek out independent counsel.

Inability to inform

When a client employs an attorney, it indicates that their legal issue has become beyond their skill and experience. They are unable to resolve it by themselves. The lawyer's job is to provide advice to clients regarding the benefits of a case, the costs and risks involved, as well as their rights. Lawyers who fail to do this may be liable.

Many legal malpractice claims arise because of poor communication between attorneys and their clients. For example, an attorney might not return calls or fail to inform their clients of the decision made on their behalf. Attorneys may also fail to communicate important details about the case or fail divulge any issues with the transaction.

A client can sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. These losses should be documented. This requires evidence, such as email and client files, or other correspondence between an attorney and client, and also bills. In cases of theft or fraud, it may also be required to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys are bound by the law and know how it applies in specific circumstances. If they don't and they don't, they could be found guilty of malpractice. Examples include mixing funds from clients with their own and using settlement proceeds to pay for personal expenses, and failing to do basic due diligence.

Another instance of legal misconduct includes the failure to file a lawsuit within the statute of limitations, missing deadlines for filing in court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflict of interests. This means that they must inform clients of any personal or financial interests that could affect their judgment when representing them.

Finally, attorneys are obligated to abide by the instructions of their clients. If a client directs them to take a particular action, the attorney must follow the instructions unless there is any reason that suggests it would not be advantageous or is not feasible.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. This can be difficult, as it requires showing that the defendant's actions or inaction caused damages. It's not enough to prove that the result of the negligence of the attorney was bad in order for a malpractice claim to succeed, it must be proven that there is a high likelihood that the plaintiff could have won their case should the defendant followed the usual procedure.