How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you have to prove that the breach of duty led to financial, legal or other negative consequences for you. It's not enough to prove the attorney's negligence was bad it is also necessary to establish a direct link between the breach and the resulting outcome.

Legal malpractice does not include issues of strategy. However, if you lose a case because your lawyer failed to submit the lawsuit on time This could be considered to be negligence.

The misuse of funds

The misuse of funds by a lawyer is among the most widespread kinds of legal malpractice. Attorneys have a fiduciary relationship with their clients and are required to act with a high level of trust and fidelity, particularly when handling funds or other property that the client has given to them.

When a client makes a payment for malpractice lawsuit their retainer the lawyer is obligated by law to place that money in an fund for escrow that is exclusively specifically used for the particular case. If the lawyer co-mingles the escrow account with their personal funds, or uses it for other purposes it is a clear violation of fiduciary duty and could be considered legal fraud.

For instance, suppose that a customer hires their attorney to represent them in an action against a motorist who hit them as they were walking across the street. The client has proof that the driver was negligent and can show that the accident caused their injuries. However, their lawyer fails to comply with the deadline and is unable to file the case within the timeframe. Thus, the lawsuit is dismissed and the injured party is financially harmed because of the lawyer's error.

A statute of limitations limits the time you have to bring a lawsuit against a lawyer for malpractice. This can be difficult to determine when an injury or loss was caused by the negligence of an attorney. 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 to determine if your case is suitable for a legal malpractice lawsuit.

Inability to follow the Rules of Professional Conduct

Legal malpractice lawyer occurs when an attorney does not adhere to the generally accepted standards of professional conduct, and inflicts harm on the client. It entails the same four elements as the majority of torts, including an attorney-client relationship as well as a duty, breach, and proximate causation.

A few examples of malpractice lawyers include a lawyer mixing their personal and trust funds, failing timely to file suit within timeframes, malpractice lawsuit pursuing cases in which they aren't competent, failing to carry out a conflict check and not being up to date on court proceedings, or any new legal developments that could affect the case. Lawyers also have a responsibility to communicate with clients in a timely manner. This is not limited to emails and faxes, but also includes returning phone calls promptly.

Attorneys are also able to commit fraud. This can occur in a variety of ways, including lying to the client or to anyone involved in a case. In this case it is crucial to have all the facts at hands so that you can determine if the attorney was deceitful. It's also a violation of the attorney-client contract when an attorney accepts an issue that is outside of their expertise and does not inform the client about this or advise them to seek separate counsel.

Inability to advise

When a client engages an attorney, it indicates that their legal issues have become beyond their skill and experience. They are unable to resolve it by themselves. Lawyers are required to inform clients about the importance of the case, the risks and costs involved, and their rights. If an attorney does not do this, they could be guilty of malpractice.

Many legal malpractice claims stem from a lack of communication between attorneys and their clients. For example attorneys may not respond to phone calls or fail to inform their clients of a decision made on their behalf. An attorney may not be able to communicate crucial details about a case or not disclose any known issues in a transaction.

A client may sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. The losses must be documented. This requires evidence, such as email and client files, or any other correspondence between an attorney and client, as well as bills. In the case of fraud or theft, an expert witness may be required to examine the case.

Inability to Follow the Law

Attorneys must adhere to the law, and know the law's implications for specific circumstances. They could be found guilty of malpractice if they do not. Examples include mixing funds from clients with their own, using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Another example of legal malpractice includes failure to file a lawsuit within the timeframe of limitations, missing court filing deadlines or not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of interests. This means that they have to inform clients of any personal or financial interests that could affect their decision-making process when representing them.

Attorneys must also adhere to the instructions of their clients. If a client directs them to take particular action then the attorney must follow those instructions unless there's an obvious reason why it would not be beneficial or feasible.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. It can be challenging to prove that the defendant's lapses or actions caused harm. It is not enough to prove that the attorney's error led to a poor outcome. A malpractice claim must also show that there was a substantial probability that the plaintiff's case could have been settled if the defendant had followed standard procedures.