How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you have to prove that the breach of duty resulted in financial, legal or other negative consequences for you. You must show that there is a direct link between the attorney's negligence and the negative outcome.

Strategy-related issues do not be considered legal malpractice, but the lawyer you hire fails to file a lawsuit in time and you lose the case, that could be a form of malpractice.

The misuse of funds

Fraud in the handling of funds by a lawyer is one of the most widespread kinds of legal negligence. Attorneys are bound by a fiduciary duty to their clients, and must behave with trust and fidelity when handling funds or other property that the client has entrusted them with.

When a client pays retainer fees, their lawyer must put the money in a separate escrow account specifically designated for the specific purpose of the case only. If the attorney co-mingles the 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 an attorney to represent them in an action against a motorist who slammed into them as they were crossing the street. The client has proof that the driver was negligent and is able to show that the accident caused their injuries. Their lawyer misses the statute and is not able to file the case on time. The lawsuit is dismissed and the person who was hurt suffers financial loss due to the lawyer's error.

The statute of limitations restricts the time that you can sue an lawyer for malpractice. It is often difficult to determine if an injury or loss is caused by the negligence of an attorney. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitation and assist you in determining if you have a case which is suitable for an action.

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 has the same four elements that are common to all torts: an attorney-client relationship as well as a duty, breach, and proximate causation.

A few examples of malpractice include lawyers who mix personal and trust funds, not submitting claims in time to file a suit within the time limits, taking cases in which they're not competent, failing to conduct an examination of conflicts and not being up-to current on court proceedings, or any new legal developments that could impact the case. Lawyers are also required to communicate with clients in a reasonable manner. This includes not just the use of faxes and email, but also returning telephone calls promptly.

It is also possible for lawyers to commit fraud. This can be done by lying to the client or any other person who is involved in the case. It is essential to learn the facts to determine if the attorney was insincere. A violation of the agreement between an attorney and a client is when an attorney decides to take an issue that is not within their expertise without informing the client about it or soliciting independent counsel.

Failure to Advise

When a client hires a lawyer, it means that their legal issues have exceeded their skills and knowledge. They are unable to solve the problem on their own. It is the job of the lawyer to advise clients on the merits of a case in addition to the costs and risk involved, as well as their rights. If a lawyer fails to do this may be found guilty.

Many legal malpractice claims stem from a lack of communication between attorneys and their clients. An attorney might not return a calls or fail to inform their clients of a particular decision that they have made on their behalf. An attorney may also fail to communicate important details regarding a particular case, or fail to reveal any 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. These losses should be documented. This requires evidence, such as email files and client files, or any other correspondence between an attorney and a client as well as invoices. In the event of fraud or theft an expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys are required to follow the law and know how it applies in specific circumstances. They could be found guilty of malpractice in the event that they fail to follow. Examples include commingling client funds with their own, or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Other instances of legal malpractice are failure to file a lawsuit within the time limit or malpractice missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means they must inform clients of any financial or personal interests that might affect their decision-making process when representing them.

In addition, attorneys are required to follow instructions from their clients. If a client instructs them to take particular action, the attorney must follow those instructions unless there's an obvious reason why it would not be beneficial or possible.

In order to win a malpractice attorney suit, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. This isn't easy, since it requires proving the defendant's actions or inaction caused damages. It's not enough to prove that the result of the attorney's negligence was bad to be able to prove a malpractice claim. to be successful, it has to be demonstrated that there's an extremely high chance that the plaintiff would have prevailed when the defendant had acted in accordance with the standard procedure.