How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must prove that their breach of duty caused legal, monetary or other negative consequences for you. It is not enough to prove the attorney's negligence was negligent but you must also prove an unambiguous link between the breach and the unfavorable outcome.

Strategy-related issues do not qualify as legal malpractice, but the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case, this could be a type of malpractice.

Misuse of Funds

One of the most prevalent types of legal malpractice involves a lawyer's misuse of funds. Attorneys have a fiduciary relationship with their clients and are expected to act with the utmost trust and fidelity, especially when dealing with funds or other property that the client has left to them.

When a client is required to pay retainer to their lawyer, the lawyer is required to put that money into a separate escrow account specifically for the purpose of that case only. If the lawyer makes use of the escrow account to pursue personal goals or mix it with their own funds it is in violation of their fiduciary responsibilities and could be accused of legal negligence.

As an example, suppose that a customer hires their attorney to represent them in a lawsuit against a driver who hit them as they were crossing the street. The client is able to prove that the driver was negligent, and can prove that the accident caused their injuries. The lawyer, however, violates the law and is unable file the case in time. The lawsuit is dismissed, and the injured party suffers financial losses as a result of the lawyer's error.

The statute of limitations limit the amount of time you can bring a lawsuit against a lawyer for malpractice. This can be difficult to calculate when an injury or loss was caused by negligence of the lawyer. A New York attorney who is experienced in elburn malpractice attorney, Vimeo.com, law can explain the statute of limitations and assist you in determining if you have a case that is eligible for a lawsuit.

Inability to follow the Rules of Professional Conduct

Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and results in harm to the client. It is required to meet the four components of the most common torts: an attorney-client relation and a duty, breach and the proximate cause.

A few common examples of malpractice are a lawyer mixing trust and personal account funds, failing in time to file a lawsuit within the timeframe of the statute of limitations or taking on cases in which they are not competent, failing to conduct a conflict check, and not staying up to date with court proceedings or other developments in law that may affect the case. Lawyers are also required to communicate with clients in a fair manner. This is not limited to email and faxing as well as returning phone calls promptly.

Attorneys are also able to commit fraud. It can be done by lying to the client or any other person involved in the case. It is crucial to know the facts so that you can determine if the lawyer was untruthful. A breach of the agreement between the attorney and client is when an attorney decides to take cases outside their area of expertise without informing the client about it or advising them to seek independent counsel.

Failure to Advise

When a client employs an attorney, it is a sign that they've reached the stage where their legal issue is beyond their own skill or experience and they are unable to solve it on their own. The lawyer's job is to inform clients of the advantages of a case in addition to the costs and risk involved and their rights. If a lawyer fails to comply with this requirement, they could be guilty of des plaines malpractice lawsuit.

Many legal malpractice cases are the result of poor communication between lawyers and their clients. For instance an attorney may not respond to phone calls or fail to inform their clients of a decision taken on their behalf. An attorney may also be unable to share important information about the case or fail disclose known problems with the transaction.

It is possible to bring a lawsuit against an attorney for malpractice, but a client must show that they suffered real financial losses because due to the negligence of the attorney. The losses must be documented, which requires evidence such as client files email correspondence, other correspondence between the attorney and the client, as well bills. In the case of theft or fraud It may be necessary to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and know how it applies in specific circumstances. If they fail to do so or don't, they could be accused of misconduct. Examples include mixing client funds with their own using settlement proceeds to pay for personal expenses, and failing to do basic due diligence.

Another instance of legal misconduct is failure to file an action within the statute of limitations, not meeting deadlines for filing court documents and not observing the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. This means they must inform clients of any financial or personal interest that could influence their decision-making process when representing them.

In addition, attorneys are required to abide by the instructions of their clients. If a customer instructs them to take a particular action an attorney must follow those instructions unless there is an obvious reason to believe that it would not be beneficial or even feasible.

To prevail in a malpractice lawsuit the plaintiff must prove that the lawyer violated his duty of care. It isn't easy to prove that the defendant's inaction or actions resulted in damage. It is not enough to prove that the attorney's negligence led to a poor outcome. A malpractice claim must also prove that there was a substantial likelihood that the plaintiff's lawsuit would have been successful if the defendant followed standard practices.