How to Sue Your Attorney for Malpractice

To sue an attorney for malpractice, it is necessary to prove that the breach of duty resulted in negative financial, legal or other consequences for you. It's not enough to show that the attorney's negligence was negligent it is also necessary to establish that there is a direct connection between the breach and the unfavorable outcome.

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

Misuse of Funds

Misuse of funds by lawyers is one of the most common types of legal negligence. Lawyers have a fiduciary connection with their clients and are required to behave with a high level of trust and fidelity, malpractice lawsuit particularly when dealing with money or other property that the client has left to them.

When a client makes a payment for their retainer to a lawyer, they are required by law to keep that money in an escrow fund that is only intended for the specific case. If the attorney co-mingles the escrow account with their own personal funds or makes use of it for other purposes that is a clear breach of the fiduciary obligation and could constitute legal negligence.

Imagine, for instance, that a client hired an attorney to represent him in a suit filed against a driver who struck them when they crossed the street. The client has proof that the driver was negligent and is able to prove that the accident caused their injuries. The lawyer however misses the statute and is unable file the case in time. Therefore, the case is dismissed and the victim is financially harmed because of the lawyer's mistake.

The statute of limitations restricts the time it takes to bring a lawsuit against a lawyer for sunnyvale malpractice lawsuit. It is often difficult to calculate when an injury or loss was caused by the negligence of an attorney. A licensed New York attorney with experience in davenport malpractice attorney law can explain the statute of limitations to you and assist you to determine if your situation is a good candidate for a legal malpractice suit.

Do not follow the rules of professional conduct

Legal malpractice occurs when a lawyer does not adhere to 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 the proximate cause.

A few examples of malpractice include a lawyer mixing their personal and trust funds, malpractice lawsuit failing timely to file suit within the statute of limitations, pursuing cases in which they're not competent, failing to perform an investigation into conflicts and not staying up to the latest court proceedings or any other developments in law that could affect the case. Lawyers are also required to communicate with clients in a fair manner. This doesn't just mean the use of faxes and email, but also answering phone calls promptly.

It is also possible for lawyers to commit fraud. This could be done by lying to the client, or to anyone else involved in the investigation. It is crucial to know the facts so you can determine whether the attorney was untruthful. A violation of the attorney-client agreement occurs when an attorney handles a case outside their area of expertise without informing the client about it or suggesting they seek independent counsel.

Inability to inform

When a client employs an attorney, it is a sign that they have reached the point where their legal situation is beyond their expertise and experience and they are unable to solve it by themselves. The lawyer's job is to inform clients about the merits of a case in addition to the costs and risk associated with it, and their rights. If a lawyer fails to do this could be guilty.

Many legal malpractice cases are the result of poor communication between attorneys and their clients. An attorney might not return a the phone or fail inform their clients about a specific decision taken on their behalf. An attorney could also not communicate important details regarding a case, or fail to reveal any issues with transactions.

A client can sue an attorney if they have suffered financial losses due to the negligence of the lawyer. These losses should be documented. This requires evidence, like client files and emails or any other correspondence between an attorney and a customer, as well bills. In cases of fraud or theft, an expert witness may be needed to investigate the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and know the way it is applied in particular circumstances. They could be found guilty of misconduct if they do not. Examples include mixing client funds with their own using settlement proceeds 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 limitation and missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of conflicts of interest. This means that they must inform clients of any financial or personal interest that could influence their decision-making process when representing them.

Attorneys are also required to abide by the instructions of their clients. If a client asks them to take a particular action then the attorney must follow the instructions, unless there's an obvious reason that it would not be advantageous or is not feasible.

To prevail in a malpractice lawsuit the plaintiff must show that the lawyer acted in violation of his duty of care. It can be difficult to establish that the defendant's inaction or actions caused damage. It's not enough to show that the result of the negligence of the attorney was bad in order for a malpractice claim to be successful, it must be proven that there is a high probability that the plaintiff would have won their case if the defendant had followed standard practice.