How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that the breach of duty resulted in financial, legal or other negative effects for you. You must demonstrate an immediate connection between the attorney's negligence and the negative outcome.

Matters of strategy do not qualify as legal malpractice, but if your lawyer does not file a lawsuit on time and you lose the case, it could be a case of malpractice.

Inappropriate use of funds

One of the most popular kinds of legal malpractices is the misuse of funds by a lawyer. Attorneys are legally bound by a fiduciary responsibility to their clients, and must behave with confidence and fidelity when handling funds or other property the client has given them.

When a client makes a payment for their retainer the lawyer is obligated by law to place that money in a separate escrow fund that is only specifically used for the particular case. If the attorney co-mingles the account with personal funds or uses it for any other purpose that is a clear breach of fiduciary responsibility and could be considered legal misconduct.

Imagine, for instance the scenario where a client hires an attorney to represent the client in a lawsuit filed against a driver who 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. However, their lawyer fails to comply with the deadline and is unable to 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 time frame for suing an attorney for hartford malpractice Lawsuit is limited by a statute-of-limitations which can be difficult to calculate in a situation where a loss or injury resulted from the attorney's negligence. A New York attorney who is knowledgeable about malpractice law can explain the statute of limitations and Hartford Malpractice Lawsuit help you decide if you have a case which is suitable for an action.

Do not follow the rules of professional conduct

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

Some examples of malpractice include who has a personal and trust account funds, failing to timely make a claim within the statute of limitations and taking on cases where they aren't competent, not performing an investigation into conflicts, and not staying up to date with court proceedings or other developments in the law that may affect the case. Lawyers also have a responsibility to communicate with clients in a fair manner. This doesn't just mean email and faxes, but also answering phone calls promptly.

Attorneys are also able to commit fraud. This could be done by lying to the client, or to anyone else involved in the investigation. In this case it is crucial to have the facts in hand so that you can determine if the attorney was being dishonest. A breach of the agreement between the attorney and client occurs when an attorney takes cases outside their area of expertise without advising the client or soliciting independent counsel.

Inability to advise

When a client employs a lawyer, it means that their legal situation has been beyond their expertise and experience. They are unable to solve the problem themselves. It is the job of the lawyer to advise clients on the merits of a case, the costs and risks involved, as well as their rights. If an attorney does not do this, they may be guilty of malpractice.

Many legal malpractice cases result from a lack of communication between attorneys and their clients. Attorneys may not respond to the phone or fail inform their clients about a specific decision they made on their behalf. A lawyer may also fail to share important information about an instance or fail to disclose known problems with the transaction.

It is possible to claim a lawyer's negligence, but the client must prove that they were able to recover financial losses as a result of the negligence of their lawyer. The losses must be documented. This requires evidence, such as client files and emails or other correspondence between an attorney and a client as well as bills. In the event of theft or fraud, it may also be necessary to have an expert witness examine the case.

Inability to Follow the Law

Attorneys are bound by the law and comprehend the law's implications in particular circumstances. If they fail to do so and they don't, they could be found guilty of misconduct. Examples include mixing funds from clients with their own and using settlement proceeds to pay for personal expenses, and not doing basic due diligence.

Another type of legal malpractice includes failure to file a lawsuit within the timeframe of limitations, Hartford malpractice lawsuit not meeting deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of conflicts of interest. They must inform clients of any personal or financial interest which could affect their judgment when representing them.

In addition, attorneys are required to abide by the instructions of their clients. If a client directs them to take a particular action then the attorney must follow those instructions unless there's an obvious reason to believe that it is not beneficial or possible.

To prevail in a malpractice lawsuit, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. It isn't easy to prove that the defendant's lapses or actions caused damage. It isn't enough to prove that the attorney's error resulted in a bad outcome. A malpractice claim must also show that there was a high chance that the plaintiff's claim could have been won had the defendant had followed the standard procedure.