How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, it is necessary to prove that the breach of duty caused financial, legal or other consequences for you. You must prove that there is a direct link between the attorney's negligence and the negative result.

Legal malpractice is not a issues of strategy. If you lose a case because your lawyer did not file the lawsuit on time This could be considered to be the result of malpractice.

The misuse of funds

One of the most frequent types of legal malpractice involves the misuse of funds by lawyers. Lawyers have a fiduciary connection with their clients and are expected to behave with the highest degree of trust and fidelity, particularly when handling money or other property that the client has handed over to them.

When a client makes a payment for their retainer the lawyer is obligated by law to put that money into an funds that are only intended for the specific case. If the attorney mixes the escrow account with their own personal funds, or uses it for any other purpose that is a clear breach of fiduciary duty, and could result in legal malpractice.

Imagine, for example that a customer hires an attorney to represent him in a suit filed against a motorist whose car struck them when they crossed the street. The client has evidence that the driver was negligent and could show that the accident caused their injuries. Their lawyer fails to comply with the law and is not able to file the case in time. The lawsuit is dismissed and the injured party is financially harmed due to the lawyer's mistake.

The statute of limitations limit the time it takes to bring a lawsuit against a lawyer for malpractice. It can be difficult to determine if an injury or loss was caused by the attorney's negligence. A New York attorney who is skilled in malpractice law can explain the statute of limitation and help you decide if you have a case that qualifies for a lawsuit.

Failure to adhere to the professional rules of conduct

Legal malpractice is when an attorney does not adhere to generally accepted professional standards and harms the client. It is required to meet the four components of the most common torts: an attorney-client relation the breach of a duty and Malpractice the proximate cause.

A few common examples of malpractice include a lawyer mixing trust and personal account funds, failing to bring suit within the timeframe of the statute of limitations and assuming cases where they are not competent, not performing a conflict-check, and not keeping up to date with court proceedings or new developments in law that could impact the case. Lawyers are accountable to communicate with their clients in a fair and reasonable manner. This does not only include email and faxes, but also the ability to return phone calls promptly.

It is also possible for attorneys to engage in fraud. This could be accomplished by lying to the client or anyone else involved in the case. In this situation it is crucial to have the facts on the hands of the investigator to determine if the attorney was insincere. It's also a violation of the attorney-client agreement if an attorney is assigned cases that are outside of their expertise and fails to inform the client about this or Malpractice suggest they seek out separate counsel.

Failure to Advise

If a client engages an attorney, this means they've reached the stage where their legal issue is beyond their ability and experience, and they are unable to solve it on their own. It is the job of the lawyer to inform clients about the merits of a case as well as the risks and costs involved, as well as their rights. An attorney who fails to provide this advice could be guilty.

Many legal malpractice cases stem from a lack of communication between lawyers and their clients. For instance attorneys may not answer phone calls or fail to notify their clients of the decision made on their behalf. An attorney might also neglect to disclose important information about an instance or fail to identify any issues with an transaction.

It is possible to claim a lawyer's negligence, but a plaintiff must prove that they have suffered financial losses as a result 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 client as well as bills. In the event of fraud, or theft an expert witness could be required to examine the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and understand how it applies in specific circumstances. If they don't and they don't, they could be found guilty of misconduct. Examples include mixing funds from clients with their own or using settlement funds to pay for personal expenses and not performing basic due diligence.

Other instances of legal malpractice include failing to file a suit within the statute of limitations and missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. This means they must inform clients of any personal or financial interest that could influence their decision-making process when representing them.

Attorneys must also adhere to the instructions of their clients. Attorneys must abide by the instructions of clients, unless it is clear that the actions will not be beneficial.

To win a malpractice lawsuit the plaintiff has to prove that the lawyer breached their duty of care. It isn't easy to prove that the defendant's actions or actions caused damage. It isn't enough to prove that the attorney's error caused a bad result. A malpractice claim must prove that there was a high likelihood that the plaintiff's case would have been won if the defendant had followed normal procedures.