How to Sue Your Attorney for malpractice attorneys

To sue your attorney for malpractice, you must demonstrate that the breach of duty led to legal, monetary or other negative effects for you. It is not enough to prove the negligence of your attorney was injurious and you must prove a direct link between the breach and the resulting outcome.

Strategy-related issues do not count as legal malpractice however, when your lawyer fails to file a lawsuit within the timeframe and you lose the case, it could be a case of malpractice.

The misuse of funds

Misuse of funds by lawyers is one of the most frequent kinds of legal malpractice. Lawyers are in a fiduciary relationship with their clients and are expected to act with a high level of trust and fidelity, especially when dealing with money or other property that the client has handed over to them.

If a client is required to pay 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 attorney combines the account with personal funds or utilizes it for other purposes it is a clear violation of fiduciary duty and could constitute legal negligence.

Imagine, for example the scenario where a client hires an attorney to represent him in a lawsuit against a driver whose vehicle hit them as they crossed the street. The client can prove that the driver was negligent and could demonstrate that the collision caused their injuries. However, their lawyer is not aware of the deadline and is in a position to file the lawsuit in time. The lawsuit is dismissed, and the injured party is financially harmed because of the lawyer's mistake.

The time for suing an attorney for negligence is governed by a statute of limitation, which can be tricky to calculate in a case where an injury or loss occurred as the result of the attorney's negligence. A New York attorney who is knowledgeable about malpractice law can explain the statute of limitation and help you determine if you have a case that is eligible for a lawsuit.

Failure to follow the professional rules of conduct

Legal malpractice is when a lawyer does not adhere to generally accepted professional standards and results in harm to the client. It is based on the same four elements that are common to all torts, which are an attorney-client relationship and a duty, a breach, and proximate causation.

Some examples of malpractice are the lawyer combining their personal and trust funds, not submitting claims in time to file suit within the statutes of limitations, taking cases where they are not competent, failing to carry out an effective conflict check, malpractice lawsuit and not keeping up to the current court proceedings or any recent legal developments that could affect the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This doesn't just mean email and faxes, but also the ability to return phone calls promptly.

It is also possible for attorneys to engage in fraud. This can be done in various ways, which includes lying to the client or to anyone involved in a case. It is crucial to know the facts so you can determine if the attorney is dishonest. A breach of the agreement between the attorney and client is when an attorney decides to take an action outside of their expertise without informing the client of this or suggesting they seek independent counsel.

Inability to provide advice

When a client hires an attorney, it indicates that they've reached a point at which their legal situation is beyond their own skill and experience and that they are no longer able to resolve it by themselves. The lawyer's job is to provide advice to clients regarding the benefits of a case along with the costs and risks involved and their rights. A lawyer who fails to do so may be held accountable.

Many legal malpractice claims result from a lack of communication between attorneys and their clients. Attorneys may not respond to phone calls or fail to inform their clients of a specific decision taken on their behalf. Attorneys may also fail to communicate important details about the case or fail to divulge any issues with an transaction.

A client can sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. These losses must be documented, which will require evidence such as client files emails, correspondence between the lawyer and the client, as well bills. In cases involving theft or fraud it could also be necessary to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys must be in compliance with the law, and know what it means for specific circumstances. If they don't and they don't, they could be found guilty of malpractice. Examples include mixing client funds with their own, or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Other examples of legal misconduct include failure to file a lawsuit within the statute of limitations, missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. This means that they must inform clients of any personal or financial concerns that could impact their judgment when representing them.

Attorneys are also required to comply with the directions of their clients. Attorneys are required to follow the directions of clients unless it is obvious that the decision will not be beneficial.

To prevail in a malpractice lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. This can be difficult, as it requires showing that the defendant's actions, or inaction, caused damages. It is not enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must also demonstrate that there was a high probability that the plaintiff's case would have been won if the defendant had followed the standard procedure.