How to Sue Your Attorney for Malpractice

To sue an attorney for malpractice, you have to prove that the breach of duty resulted in negative financial, legal or other consequences for you. You must prove an immediate connection between the attorney's negligence and the negative result.

Matters of strategy do not qualify as legal malpractice, however, when your lawyer fails to submit a lawsuit on time and you lose the case, it could be a case of malpractice.

Fraud in the use of funds

Misuse of funds by a lawyer is one of the most prevalent kinds of legal fraud. Attorneys are legally bound by a fiduciary responsibility to their clients and must act with integrity and fidelity when handling funds or other assets that the client has given them.

When a client is required to pay retainer fees, their lawyer must put that money into a separate escrow account specifically destined for the purpose of the case only. If the attorney combines the escrow account with their personal funds or uses it for any other purpose, this is a clear violation of fiduciary duty and could be considered legal malpractice.

For instance, suppose that a client hires their attorney to represent them in the case of a driver who slammed into them as they were crossing the street. The client can prove that the driver was negligent and is able to show that the accident caused their injuries. Their lawyer, however, does not follow the law and is unable file the case in time. The lawsuit is dismissed and the person who was hurt is liable for financial losses as a result of the lawyer's mistake.

The time limit to sue an attorney for negligence is governed by a statute of limitations that can be difficult to determine in a situation where an injury or loss resulted from the attorney's negligence. A qualified New York attorney with experience in malpractice law can explain the statute of limitations to you and help you determine if your case is a suitable candidate for a legal malpractice lawsuit.

Infractions to the rules of professional conduct

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

A few common examples of misconduct include a lawyer mixing their personal and trust account funds, failing to make a claim within the time limit and assuming cases in which they aren't competent, not conducting an investigation into conflicts, and not keeping up to date with court proceedings or other developments in law that may affect the case. Lawyers are also required to communicate with clients in a fair manner. This does not only include emails and faxes, but also the ability to return phone calls promptly.

Attorneys are also able to commit fraud. This can happen in various ways, including lying to the client or to anyone involved in a case. In this scenario, it is important to have all the facts at hand so that you can determine if the lawyer was being untruthful. A breach of the agreement between the attorney and client occurs when an attorney takes an issue that is not within their expertise without informing the client about it or advising them to seek independent counsel.

Failure to provide advice

If a client decides to hire an attorney, it indicates that their legal issues have become beyond their skill and experience. They are unable solve the issue by themselves. Lawyers are required to inform clients about the benefits of the case, the risks and costs involved, and their rights. If a lawyer fails to do this, they may be guilty of malpractice.

Many legal Malpractice Lawyers claims result from a lack of communication between lawyers and their clients. An attorney might not return a the phone or fail inform their clients about a specific decision they made on their behalf. Attorneys may also fail to disclose important information about an instance or fail to divulge any issues with transactions.

It is possible to bring a lawsuit against an attorney for malpractice lawyers, but a client must prove that they suffered financial losses due to of the negligence of their lawyer. These losses should be documented. This requires evidence, like client files and emails or other correspondence between an attorney and malpractice lawyers a client, and also bills. In cases of theft or fraud it could also be required to have an expert witness examine the case.

Inability to Follow the Law

Attorneys must abide by the law and understand the law's implications for specific circumstances. They could be found guilty of malpractice in the event that they fail to follow. Examples include mixing client funds with theirs and using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Another instance of legal malpractice includes failure to file a lawsuit within the statute of limitations, missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must disclose to clients any financial or personal interest that might affect their judgment when representing them.

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

To prevail in a malpractice lawsuit the plaintiff must prove that the lawyer violated his duty of care. It isn't easy to prove that the defendant's lapses or actions caused damage. It's not enough to prove the result of the negligence of the attorney was bad in order for a malpractice claim to succeed, it must be demonstrated that there's an extremely high chance that the plaintiff would have prevailed if the defendant had followed the standard procedure.