How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that their breach of duty caused financial, legal or other negative outcomes for you. It is not enough to demonstrate that the negligence of the attorney was a problem and you must prove that there is a direct connection between the breach and the resulting outcome.

The nuances of strategy don't constitute legal malpractice, however, the lawyer you hire fails to file a lawsuit in time and you lose the case, that could be a form of malpractice.

Misuse of funds

One of the most popular types of legal malpractice is the misuse of funds by a lawyer. Attorneys are required to fulfill a fiduciary duty to their clients and must behave with confidence and fidelity when handling funds or other property the client has trusted them with.

When a client pays their retainer, the lawyer is required by law to deposit the money into an escrow fund that is only specifically used for the particular case. If the lawyer uses the escrow fund for personal use or co-mingles it with their own funds, they are in violation of their fiduciary obligations and could be accused of legal malpractice.

Imagine, for example, that a client hired an attorney to represent the client in a lawsuit filed against a driver whose vehicle struck them while crossing the street. The client is able to prove that the driver was negligent, and can demonstrate that the collision caused their injuries. The lawyer, however, misses the statute and is unable file the case on time. The lawsuit is dismissed and the victim is financially harmed because of the lawyer's error.

A statute of limitations limits the time that you can claim a lawyer's negligence. It is often difficult to determine when an injury or loss was caused by negligence of the lawyer. A New York attorney who is skilled in Grand prairie malpractice law firm - vimeo.com - law will be able to explain the statute of limitations and help you decide if you have a case that qualifies for a lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is when a lawyer does not follow generally accepted professional standards and causes harm to the client. It is based on the same four elements as the majority of torts, which include an attorney-client relationship an obligation, a breach, and proximate causation.

Some examples of malpractice are the lawyer mixing personal and trust funds, not submitting claims in time to file suit within the timeframes, pursuing cases in which they're not competent, failing to carry out an effective conflict check, and not keeping up to date on court proceedings, or any new legal developments that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This doesn't just mean the use of faxes and email, but also resolving telephone calls promptly.

It is also possible for lawyers to engage in fraud. This can happen in various ways, including lying to the client or anyone involved in a case. In this instance it is imperative to have all the facts at hands so that you can determine if the lawyer was dishonest. It's also a violation of the attorney-client contract if an attorney takes on a case that is outside of their expertise and fails to inform the client about this or suggest they seek out separate counsel.

Failure to provide advice

If a client engages an attorney, it indicates that they have reached the stage where their legal problem is beyond their own skill or experience and they are unable to resolve it on their own. It is the job of the lawyer to inform clients of the merits of a particular case in addition to the costs and risk involved and their rights. An attorney who fails to do so may be found guilty.

Many legal malpractice claims are the result of poor communication between attorneys and their clients. For instance attorneys may not return phone calls or fail to inform their clients of a decision made on their behalf. An attorney might not also communicate vital details regarding a particular case, or fail to inform clients of issues with a transaction.

A client can sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. The losses have to be documented, which will require evidence such as files of the client email correspondence, other correspondence between the attorney and the client, as well as bills. In the case of fraud or theft an expert witness could be required to examine the case.

Inability to Follow the Law

Attorneys are required to follow the law and understand the law's implications in particular circumstances. If they don't then they could be accused of misconduct. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, and failing to perform basic due diligence.

Other instances of legal misconduct include failure to file a suit within the statute of limitation, Grand Prairie Malpractice Law Firm missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interests. This means that they have to inform clients of any financial or personal interest that could influence 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, the attorney must follow the instructions, unless there's an obvious reason to believe that it would not be beneficial or feasible.

To win a malpractice lawsuit the plaintiff must prove that the lawyer has violated his duty of care. It isn't easy to prove that the defendant's inaction or actions resulted in damage. It is not enough to demonstrate that the attorney's wrongful actions resulted in a bad outcome. A malpractice claim must also show that there was a high probability that the plaintiff's case could have been settled if the defendant followed standard practices.