How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that the breach of duty led to legal, monetary or malpractice lawsuit other negative effects for you. It is not enough to show that the negligence of your attorney was injurious; you must also show that there is a direct connection between the breach and the resulting outcome.

Legal malpractice does not cover issues of strategy. However, if you lose a case due to your lawyer didn't file the lawsuit within the timeframe it could be a case of malpractice.

Misuse of funds

Misuse of funds by lawyers is among the most widespread types of legal negligence. Attorneys are required to fulfill a fiduciary duty to their clients and must act with trust and fidelity when handling money or other property the client has entrusted them with.

When a client is required to pay a retainer, their lawyer is required to put that money into a separate escrow account specifically destined for the purpose of the case only. If the lawyer utilizes the escrow funds for personal use or co-mingles it with their own funds and funds, they are in breach of their fiduciary duties and could be charged with legal misconduct.

Imagine, for example that a customer hires an attorney to represent him in a suit filed against a motorist whose car hit them as they crossed the street. The client is able to prove the driver's negligence and the collision resulted in their injuries. However, their lawyer fails to comply with the deadline and is not able to file the case within the timeframe. The lawsuit is dismissed and the person who was injured suffers financial losses as a result of the lawyer's mistake.

The time to sue an attorney for malpractice is limited by a statute-of-limitations which can be a challenge to determine in cases where an injury or loss occurred as the result of the attorney's negligence. A reputable New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and assist you determine if your situation is a good candidate for a legal malpractice lawsuit.

Failure to follow the rules of professional conduct

Legal malpractice occurs when an attorney does not adhere to the generally accepted professional standards and inflicts harm on the client. It is a requirement of the four elements of most torts: an attorney-client relationship and a duty, breach and the proximate cause.

A few examples of greeley malpractice lawsuit include the lawyer combining their personal and trust funds, failing to timely to file a suit within the statutes of limitations, taking cases where they are not competent, failing to carry out an examination of conflicts and not being up-to date on court proceedings or any new legal developments that could affect the case. Lawyers must communicate with their clients in a reasonable manner. This does not only include the use of faxes and email, but also resolving telephone calls promptly.

It is also possible for lawyers to engage in fraud. This could be accomplished by lying to the client, or any other person who is involved in the investigation. It is important to know the facts so that you can determine if the attorney is deceitful. It's also a violation of the attorney-client contract when an attorney takes on a case that is outside of their area of expertise and does not inform the client of this or recommend seeking separate counsel.

Inability to provide advice

If a client decides to hire an attorney, it means they've reached a stage where their legal problem is beyond their ability and experience and that they are unable to resolve it on their own. It is the attorney's responsibility to advise clients on the merits of a case in addition to the costs and risk involved, as well as their rights. When an attorney fails to do this, they may be found guilty of malpractice.

Many legal malpractice attorney cases stem due to poor communication between attorneys and their clients. Attorneys may not respond to phone call or fail to inform their clients of a specific decision they made on their behalf. Attorneys may also not communicate important details regarding a case, or fail to disclose known issues with transactions.

A client may sue an attorney if they have suffered financial losses due to the lawyer's negligence. These losses should be documented. This requires evidence, like client files and emails, or any other correspondence between an attorney and a client, as well bills. In the case of fraud or theft it could be necessary to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and comprehend the way it is applied in particular circumstances. They could be found guilty of malpractice if they do not. Examples include mixing funds from clients with theirs or using settlement funds to pay for personal expenses and failing to do basic due diligence.

Another instance of legal misconduct includes failure to file an action within the statute of limitations, not meeting deadlines for filing in court, and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interests. They must inform clients of any financial or personal interests which could affect their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. If a client directs them to take a particular action, the attorney must follow those instructions unless there is an obvious reason that it is not beneficial or possible.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. This can be difficult because it requires proving that the defendant's actions or negligence caused damages. It's not enough to show that the result of the attorney's negligence was negative in order for a malpractice claim to succeed, it needs to be shown that there is an excellent chance that the plaintiff could have won the case should the defendant followed the standard procedure.