How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, it is necessary to prove that the breach resulted in negative financial, legal or other implications for you. You must show that there was a direct link between your attorney's negligence and the negative outcome.

Legal malpractice does not include matters of strategy. However, if you lose a lawsuit because your lawyer did not file the lawsuit in time this could be considered an act of malpractice.

Misuse of funds

One of the most popular kinds of legal malpractice lawsuits is the misuse of funds by a lawyer. Lawyers have a fiduciary obligation with their clients and are expected to behave with the highest degree of trust and fidelity, especially when dealing with funds or other property that the client has handed over to them.

When a client makes retainer to their lawyer, the attorney is required to place that money into a separate escrow account specifically designated for the specific purpose of the case only. If the attorney combines the escrow account with personal funds or makes use of it for other purposes, this is a clear breach of fiduciary responsibility and could be considered legal fraud.

Imagine, for example that a client hires an attorney to represent the client in a lawsuit filed against a driver whose car was struck by them as they crossed the street. The client has proof that the driver was negligent and could show that the accident caused their injuries. The lawyer, however, fails to comply with the law and is unable to file the case in time. Therefore, the case is dismissed and the person who was hurt is liable for financial losses due to the lawyer's mistake.

The statute of limitations restricts the time that you can sue an lawyer for malpractice. It can be a challenge to calculate when an injury or loss is due to the negligence of the lawyer. A licensed New York attorney with experience in malpractice law can explain the time limit to you and assist you to determine if your situation is a good candidate for a legal malpractice lawyers suit.

Do not follow the professional rules of conduct

Legal malpractice occurs when a lawyer fails follow generally accepted professional standards and results in harm to the client. It requires the same four elements of most torts, which include an attorney-client relationship an obligation, a breach, and proximate causation.

Some typical examples of malpractice include commingling their personal and trust account funds, failing in time to file a lawsuit within the timeframe set by the statute of limitations and assuming cases where they aren't competent, not performing a conflict-check, and not keeping up-to-date with court proceedings or new developments in the law that could affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This is not limited to emails and faxes, but also returning telephone calls promptly.

Attorneys can also commit fraud. It can be done in a variety of ways, including lying to the client or anyone else involved in the case. In this instance it is essential to have the facts on hand so that you can determine if the attorney was being dishonest. It is also a breach of the attorney-client contract if an attorney takes on an assignment that is not within the scope of their expertise and fails to inform the client about this or advise them to seek separate counsel.

Inability to inform

If a client engages an attorney, it indicates that they've reached a point where their legal situation is beyond their ability and experience and that they are unable to resolve it on their own. It is the job of the lawyer to provide advice to clients regarding the merits of a case as well as the risks and costs involved and their rights. An attorney who fails to do so may be found guilty.

Many legal malpractice claims stem from of poor communication between attorneys and their clients. For instance, an attorney might not respond to phone calls or fail to notify their clients of the decision made on their behalf. Attorneys may also fail to communicate important details about an instance or lawyers fail to divulge any issues with a transaction.

A client can sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. The losses must be documented. This requires evidence, like client files and emails, or any other correspondence between an attorney and a client as well as invoices. In cases of fraud or theft an expert witness might be required to review the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and know the law's implications in particular situations. If they fail to do so or don't, they could be accused of misconduct. 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 malpractice are failure to file a suit within the time limit and not filing the suit by the deadlines set by the court and not complying with the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must inform clients of any personal or financial interest that could influence their judgement when representing them.

In addition, lawyers attorneys are required to comply with the directions of their clients. Attorneys must follow the instructions of clients unless it is evident that the action would not be beneficial.

In order to win a malpractice lawsuit the plaintiff must show that the lawyer breached their duty of care. It isn't easy to prove that the defendant's inaction or actions resulted in damage. It's also not enough to prove that the result of the attorney's negligence was negative in order for a malpractice claim to succeed, it needs to be demonstrated that there's a high likelihood that the plaintiff would have won their case in the event that the defendant had followed the usual procedure.