How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must demonstrate that their breach of duty caused financial, legal or other negative effects for you. You must establish an immediate connection between the attorney's incompetence and the negative outcome.

Legal malpractice is not a matters of strategy. If you lose a lawsuit because your lawyer was not able to file the lawsuit within the timeframe This could be considered to be the result of malpractice.

Fraud in the use of funds

One of the most popular kinds of legal malpractice is the misuse by a lawyer of funds. Attorneys are legally bound by a fiduciary responsibility to their clients and must behave with trust and fidelity when handling money or other property the client has given them.

When a client is required to pay retainer to their lawyer, the lawyer must put the money in a separate escrow account that is specifically designated for the specific purpose of the case only. If the attorney co-mingles the escrow account with their personal funds or Lawyers utilizes it for any other purpose, this is a clear breach of the fiduciary obligation and could result in legal malpractice.

Imagine, for example the scenario where a client hires an attorney to represent him in a lawsuit against a driver whose vehicle struck them while crossing the street. The client has proof that the driver was negligent and could prove that the accident caused their injuries. However, their lawyer misses the deadline and is in a position to file the lawsuit within time. The lawsuit is dismissed and the person who was hurt suffers financial losses as a result of the lawyer's mistake.

The time for suing an attorney for malpractice is limited by a statute of limitations that can be difficult to calculate in a situation where an injury or loss occurred as the result of the attorney's negligence. A licensed New York attorney with experience in the field of malpractice law can explain the time limit to you and assist you to determine if your case is suitable for a legal malpractice suit.

Failure to follow the Rules of Professional Conduct

Legal malpractice lawyer is when a lawyer does not adhere to generally accepted professional standards and results in harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relationship as well as breach of duty and the proximate cause.

Some typical examples of misconduct include a lawyer mixing trust and personal account funds, failing to file suit within the timeframe of the statute of limitations or taking on cases in which they are not competent, failing to conduct a proper conflict check, as well as not being up-to-date with court proceedings or any new developments in law that could impact the case. Lawyers are required to communicate with their clients in a reasonable way. This doesn't only apply to emails and faxes and also includes returning phone calls in a timely manner.

It is also possible for attorneys to commit fraud. This could be done by lying to the client or any other person involved in the investigation. It is essential to understand the facts so you can determine if the lawyer was untruthful. It also constitutes a breach of the attorney-client agreement if an attorney accepts an issue that is outside of their area of expertise and does not inform the client of this or advise them to seek separate counsel.

Inability to advise

If a client decides to hire an attorney, it means they have reached the stage where their legal issue is beyond their ability and experience and that they are unable to solve it by themselves. The lawyer is required to inform clients about the importance of the case, the potential risks and costs involved, and their rights. If an attorney does not do this, they could be found guilty of malpractice.

Many legal malpractice claims arise because of poor communication between lawyers, and their clients. For instance attorneys may not answer phone calls or fail to inform their clients of a decision taken on their behalf. A lawyer may also fail to disclose important information about an instance or fail to disclose known problems with an transaction.

It is possible to sue an attorney for negligence, but the client must show that they were able to recover financial losses as a result of the negligence of the lawyer. The losses should be documented. This requires evidence, such as client files and emails, or other correspondence between an attorney and client, and also bills. In cases involving fraud or theft, it may also be required to have an expert witness examine the case.

Inability to Follow the Law

Attorneys must follow the law and be aware of how it applies to specific situations. They could be found guilty of malpractice if they do not. Examples include commingling client funds with their own, or using settlement proceeds for personal expenses, and not performing basic due diligence.

Other examples of legal malpractice are failure to file a lawsuit within the time limit and missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of interests. This means they must inform clients of any financial or personal interests that might affect their judgment when representing them.

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

To prevail in a malpractice suit the plaintiff has to prove that the lawyer breached their duty of care. This can be a challenge, since it requires proof that the defendant's actions, or inaction, caused damages. It's not enough to show that the result of the attorney's negligence was bad and for a malpractice case to be successful, it has to be demonstrated that there's a high probability that the plaintiff would have won their case if the defendant had followed standard practice.