How to Sue Your Attorney for Malpractice

To pursue an attorney's malpractice, you have to show that the breach of duty resulted in negative financial, legal or other repercussions for you. It is not enough to prove that the attorney's negligence was negligent and you must prove an unambiguous link between the breach and the undesirable outcome.

Strategy-related issues do not count as legal malpractice but when your lawyer fails to file a lawsuit on time and you lose the case, this could be a type of malpractice.

Misuse of Funds

One of the most popular types of legal malpractice involves the misuse by a lawyer of funds. Attorneys are bound by a fiduciary duty to their clients, and must act with trust and fidelity when handling money or other property the client has entrusted them with.

When a client makes retainer to their lawyer, the lawyer is required to put that money into a separate escrow account that is specifically for the purpose of that case only. If the attorney combines the escrow account with their own personal funds or uses it for any other purpose this is a blatant breach of the fiduciary obligation and could result in legal malpractice.

Imagine, for instance that a client hires an attorney to represent the client in a lawsuit filed against a driver whose car hit them as they crossed the street. The client has evidence that the driver was negligent and is able to show that the accident caused their injuries. Their lawyer, however, violates the law and is unable to file the case in time. The lawsuit is dismissed and the injured party is financially harmed because of the lawyer's mistake.

A statute of limitations limits the time you have to pursue a lawyer's malpractice. It is often difficult to calculate when an injury or loss is caused by negligence of the lawyer. A licensed New York attorney with experience in the field of Malpractice Lawyers law can explain the time limit to you and assist you to determine if your case is a good fit for a legal malpractice suit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when an attorney fails to adhere to generally accepted professional standards and causes harm to the client. It requires the four elements of the most common torts: an attorney-client relationship the breach of a duty and the proximate cause.

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing to file a suit within the timeframes, pursuing cases where they are not competent, failing to conduct an examination of conflicts and not being up-to the current court proceedings, or any new legal developments that could impact the case. Lawyers are required to communicate with their clients in a fair and reasonable manner. This doesn't only apply to email and faxing, but also includes responding to phone calls in a timely manner.

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 scenario it is crucial to have the facts on your possession to determine if the lawyer was being dishonest. It also constitutes a breach of the attorney-client contract when an attorney is assigned an assignment that is not within the scope of their area of 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 means they've reached the point where their legal situation is beyond their capabilities and experience, and they are unable to resolve it on their own. The lawyer is obliged to inform clients of the benefits of the case, the risks and costs involved, and their rights. If a lawyer fails to provide this advice could be guilty.

Many legal malpractice cases result due to poor communication between attorneys and their clients. A lawyer may not answer a calls or fail to inform their clients of a certain decision taken on their behalf. An attorney may also fail to communicate important information regarding a case or fail to reveal any issues with an transaction.

It is possible to claim a lawyer's negligence, but the client must show that they suffered financial losses as a result of the negligence of their lawyer. These losses must be documented, which will require evidence like client files emails, correspondence between the attorney and the client, and bills. In cases of fraud or theft, an expert witness may be needed to investigate the case.

Inability to Follow the Law

Attorneys must be in compliance with the law and be aware of what it means for specific circumstances. They could be found guilty of malpractice when they fail to do so. Examples include mixing client funds with theirs or using settlement funds to pay for personal expenses, and failing to do basic due diligence.

Other examples of legal malpractice include failing to file a lawsuit within the time limit, missing court filing deadlines and not following the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. They must disclose to clients any financial or personal interest that could influence their judgement when representing them.

In addition, attorneys are required to abide by the instructions of their clients. If a client asks them to take particular action an attorney must follow the instructions unless there is an obvious reason that it is not advantageous or Malpractice lawyers is not feasible.

In order to prevail in a malpractice lawsuit the plaintiff has to prove that the lawyer violated their duty of care. This can be a challenge, as it requires showing that the defendant's actions or inaction resulted in damages. It is not enough to demonstrate that the attorney's wrongful actions led to a poor outcome. A malpractice claim must prove that there was a significant probability that the plaintiff's case could have been settled if the defendant had followed standard procedures.