How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must demonstrate that their negligence caused financial, legal or other negative outcomes for you. It's not enough to prove that the attorney's negligence was negligent; you must also show an immediate link between the breach and the unfavorable outcome.

Matters of strategy do not count as legal malpractice however, if your lawyer does not submit a lawsuit on time and you lose the case, malpractice lawsuit that could be a form of malpractice.

The misuse of funds

A misuse of funds by lawyers is among the most common types of legal malpractice. Attorneys are legally bound by a fiduciary responsibility to their clients, and must act with trust and fidelity when handling funds or other assets that the client has entrusted them with.

When a client pays retainer fees, their attorney is required to place the money into a separate escrow account designated for that case's purpose only. If the attorney combines the escrow account with personal funds or utilizes it for other purposes that is a clear breach of fiduciary duty, and could be considered legal fraud.

Imagine, for instance, that a client employs their attorney to represent them in an action against a motorist who hit them as they were walking along the street. The client is able to prove 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 to file the case on time. The lawsuit is dismissed, and the victim is liable for financial loss as a result of the lawyer's error.

The time to sue an attorney for malpractice is limited by a statute of limitation which can be a challenge to determine in cases where a loss or injury was the result of the negligence of the attorney. A competent 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 case is a suitable candidate for a legal malpractice suit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and causes harm to the client. It entails the same four elements of most torts, which include an attorney-client relationship, a duty, a breach, and proximate causation.

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing timely to file suit within the time limits, taking cases in which they are not competent, not conducting an investigation into conflicts and not being up to the current court proceedings, or any new developments in law that could affect the case. Lawyers also have a responsibility to communicate with clients in a fair manner. This doesn't only apply to email or fax and includes also returning telephone calls in a timely manner.

Attorneys can also commit fraud. It can be done by lying to the client or any other person who is involved in the case. In this scenario it is essential to have the facts in hands so that you can determine if the attorney was being dishonest. A breach of the attorney-client agreement is when an attorney decides to take a case outside their area of expertise without advising the client or informing them to seek out independent counsel.

Failure to provide advice

When a client hires a lawyer, it signifies that their legal matter has become beyond their skill and malpractice lawsuit experience. They are unable solve the issue by themselves. The lawyer is required to inform clients about the benefits of the case, the potential risks and costs involved, as well as their rights. If an attorney does not comply with this requirement, they could be guilty of malpractice.

Many legal cicero malpractice law firm cases stem from a lack of communication between lawyers and their clients. A lawyer may not answer a the phone or fail inform their clients of a certain decision made in their behalf. An attorney might also fail to communicate important details regarding a particular case, or fail to reveal any issues in an transaction.

A client can sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. These losses must be documented, which requires evidence such as client files emails, client files, and other correspondence between the lawyer and the client, as well bills. In the event of fraud or theft an expert witness might be required to look into the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and comprehend how it applies in specific situations. If they fail to do so, they could be guilty of malpractice. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

Other instances of legal malpractice include failure to file a suit within the statute of limitation and missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interests. They must disclose to clients any financial or personal interests that might affect their judgment when representing them.

Attorneys must also follow the instructions of their clients. Attorneys are required to follow the directions of clients unless it is obvious that the actions will not be beneficial.

To prevail in a malpractice lawsuit, the plaintiff has to prove that the lawyer violated his duty of care. This can be difficult since it requires proving the defendant's actions or inaction caused damages. 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 substantial probability that the plaintiff's case could have been won had the defendant had followed standard procedures.