How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over negligence, you must show that the breach of duty led to financial, legal or other negative consequences for you. It is not enough to demonstrate that the negligence of your attorney was injurious it is also necessary to establish a direct link between the breach and the undesirable outcome.

The nuances of strategy don't be considered legal malpractice, however, the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case that could be a sign of malpractice Lawyers.

Misuse of funds

A misuse of funds by lawyers is one of the most widespread types of legal negligence. Lawyers have a fiduciary obligation with their clients and are expected to act with a high level of trust and fidelity, especially when handling funds or other property that the client has left to them.

When a client is required to pay retainer fees, their attorney is required to place the money into an separate escrow account that is specifically designated for the specific purpose of the case only. If the lawyer co-mingles the account with their personal funds, or uses it for any other purpose it is a clear breach of fiduciary responsibility and could be considered legal misconduct.

For instance, suppose that a customer hires their attorney to represent them in a lawsuit against a driver who hit them while they were walking along the street. The client can prove the driver's negligence and that the accident led to the injuries they sustained. Their lawyer, however, fails to comply with the law and is unable to file the case in time. Therefore, the case is dismissed and the victim is liable for financial losses because of the lawyer's error.

A statute of limitation limits the time it takes to sue an lawyer for malpractice. It is often difficult to calculate when 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 limitations and assist you in determining whether you have a case that qualifies for an action.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when a lawyer fails adhere to generally accepted professional standards and results in harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relation as well as breach of duty and proximate cause.

A few common examples of misconduct include a lawyer mixing their personal and trust account funds, failing to file a lawsuit within the timeframe set by the statute of limitations and assuming cases in which they are not competent, not performing a conflict check, and not keeping up-to-date on court proceedings or new developments in the law that could affect the case. Lawyers must communicate with their clients in a fair and reasonable manner. This doesn't just mean emails and faxes, but also answering phone calls promptly.

It is also possible for lawyers to commit fraud. It can be done in a variety of ways, including lying to the client or anyone involved in a case. In this instance, it is important to have all the facts at hand so that you can determine if the lawyer was insincere. It also constitutes a breach of the attorney-client agreement if an attorney takes on cases that are outside of their area of expertise and fails to inform the client about this or advise them to seek separate counsel.

Inability to provide advice

When a client engages a lawyer, it signifies that their legal issues have exceeded their skills and experience. They are unable to resolve it on their own. The lawyer has a duty to inform clients about the merits of the case, the risks and costs involved, as well as their rights. If a lawyer fails to do this may be liable.

Many legal malpractice claims result from a lack of communication between lawyers and their clients. For example attorneys may not return calls or fail to inform their clients of a decision made on their behalf. Attorneys may not be able to communicate crucial details regarding a particular case, or fail to disclose known issues in the transaction.

It is possible to sue an attorney for negligence, but a plaintiff must prove that they suffered real financial losses because of the negligence of the lawyer. The losses must be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and a customer, as well bills. In the event of fraud, or theft an expert witness could be required to examine the case.

Inability to Follow the Law

Attorneys must follow the law and understand what it means in specific circumstances. If they don't, they could be guilty of malpractice lawsuits. Examples include combining funds from clients with their own, or using settlement proceeds for personal expenses, or failing to perform basic due diligence.

Other instances of legal misconduct include failure to file a lawsuit within the statute of limitations, missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. This means that they have to inform clients of any financial or personal interests that could affect their judgment in representing them.

Finally, attorneys are obligated to abide by the instructions of their clients. Attorneys must follow instructions from clients unless it is obvious that the decision will not be beneficial.

In order to prevail in a malpractice lawsuit, the plaintiff must prove that the lawyer violated their duty of care. This isn't easy, as it requires showing that the defendant's actions or inaction caused damages. It isn't enough to prove that the attorney's error caused a negative outcome. A malpractice claim must also prove that there was a substantial probability that the plaintiff's case could have been settled if the defendant had followed the standard procedure.