How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, you have to prove that the breach of duty resulted in negative financial, legal, or other consequences for you. You must prove that there was a direct link between your attorney's negligence and the negative outcome.

Strategies do not count as legal malpractice but if your lawyer fails to file a lawsuit on time and you lose the case it could be a case of malpractice.

Misuse of funds

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

If a client pays retainer to their lawyer, the lawyer must put the money into a separate escrow account that is specifically destined for the purpose of the case only. If the attorney co-mingles the escrow account with personal funds, or uses it for other purposes it is a clear breach of fiduciary duty, and could be considered legal negligence.

Imagine, for instance, that a client hires their attorney to represent them in a lawsuit against a driver who struck them as they were walking along the street. The client can prove that the driver was negligent, and can prove that the collision caused their injuries. Their lawyer, however, violates the law and is unable file the case in time. The lawsuit is dismissed and the victim is financially harmed because of the lawyer's mistake.

A statute of limitation limits the time it takes to claim a lawyer's negligence. It is often difficult to determine if an injury or loss is caused by negligence of the lawyer. A competent New York attorney with experience in malpractice law can explain the statute of limitations to you and help you determine if your situation is a suitable candidate for a legal malpractice suit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails to adhere to generally accepted professional standards and results in harm to the client. It is the result of four elements of most torts: an attorney-client relationship and a duty, breach and the proximate cause.

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing to timely to file suit within the timeframes, pursuing cases where they are not competent, failing to carry out a conflict check and not being up to the latest court proceedings or any new developments in law that could affect the case. Lawyers also have a responsibility to communicate with clients in a fair manner. This doesn't only apply to email and faxing, but also includes responding to phone calls promptly.

Attorneys are also able to commit fraud. This can happen in a variety of ways, including lying to the client or anyone else involved in the case. It is important to know the facts so that you can determine whether the attorney was untruthful. It is also a breach of the contract between attorney and client if an attorney takes on an issue that is outside of their expertise and fails to inform the client about this or advise them to seek separate counsel.

Inability to provide advice

When a client employs an attorney, it is a sign that they've reached a point at which their legal situation is beyond their own skill and experience and they can no longer resolve it on their own. The lawyer is obliged to inform clients of the merits of the case, the potential risks and costs involved, as well as their rights. An attorney who fails to do this could be guilty.

Many legal malpractice cases stem from poor communication between attorneys and their clients. For example an attorney may not respond to phone calls or fail to inform their clients of a decision they made on their behalf. Attorneys may not also communicate vital details regarding a case, or fail to reveal any issues in transactions.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must prove that they suffered financial losses as a result of the negligence of their lawyer. These losses must be documented, which will require evidence such as files of the client emails, correspondence between the lawyer and the client, along with bills. In cases of fraud or theft, it may also be necessary to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys are required to follow the law and know the way it is applied in particular situations. They could be found guilty of misconduct if they don't. Examples include mixing client funds with their own using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Other examples of legal misconduct include failure to file a lawsuit within the statute of limitations and not filing the suit by the deadlines set by the court and not following the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means they must inform clients of any financial or personal interest that could influence their judgment in representing them.

Attorneys are also required to adhere to the instructions of their clients. Attorneys must follow instructions from clients unless it is clear that the act would not be beneficial.

In order to prevail in a hillsdale malpractice lawsuit case the plaintiff must prove that the lawyer has violated his duty of care. This can be difficult, since it requires proof that the defendant's actions, or inaction, caused damages. It's also not enough to prove that the result of the attorney's negligence was negative and for a malpractice case to succeed, it must be shown that there is an extremely high chance that the plaintiff would have won their case when the defendant had acted in accordance with the standard procedure.