How to Sue Your Attorney for Malpractice

To pursue an attorney's malpractice, it is necessary to show that the breach caused financial, legal or other implications for you. It is not enough to prove that the negligence of the attorney was a problem; you must also show that there is a direct connection between the breach and the resulting outcome.

Strategy-related issues do not be considered legal malpractice, however, the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case that could be a sign of malpractice attorney.

Misuse of Funds

The misuse of funds by a lawyer is among the most prevalent kinds of legal fraud. Attorneys are bound by a fiduciary duty to their clients and must act with integrity and fidelity when handling funds or other property that the client has trusted them with.

If a client is required to pay their retainer to a lawyer, they are required by law to deposit the money in an funds that are only used for that particular case. If the attorney combines the account with personal funds, or uses it for other purposes, this is a clear breach of fiduciary responsibility and could constitute legal fraud.

Imagine, malpractice lawsuit for instance that a client hires an attorney to represent him in a lawsuit against a motorist whose car struck them while crossing the street. The client has the ability to prove driver's negligence and the collision resulted in the injuries they sustained. Their lawyer, however, fails to comply with the law and is unable file the case in time. The lawsuit is dismissed and the injured party suffers financial losses as a result of the lawyer's mistake.

The time to sue an attorney for malpractice is limited by a statute of limitation, which can be tricky to determine in cases where a loss or injury 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 assist you in determining whether you have a case that qualifies for a lawsuit.

Inability to follow the Rules of Professional Conduct

Legal malpractice is the case when a lawyer doesn't follow generally accepted professional standards and results in harm to the client. It requires the same four elements that are common to all torts, which are an attorney-client relationship, a duty, a breach, and proximate causation.

Some examples of malpractice are the lawyer combining their personal and trust funds, failing timely to file suit within the statute of limitations, pursuing cases in which they aren't competent, failing to perform an effective conflict check, and not staying up to the current court proceedings, or any new legal developments that could affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This doesn't just mean the use of faxes and email, but also the ability to return phone calls promptly.

It is also possible for lawyers to engage in fraud. This can occur in a variety of ways, such as lying to the client or anyone else involved in the case. It is essential to learn the facts so that you can determine if the lawyer was untruthful. A breach of the agreement between the attorney and client occurs when an attorney is able to handle cases outside their area of expertise without informing the client about it or soliciting independent counsel.

Inability to inform

If a client decides to hire an attorney, it implies that their legal issues have exceeded their skills and knowledge. They are unable solve the issue themselves. The lawyer's job is to inform clients about the benefits of a case in addition to the costs and risk involved, as well as their rights. If a lawyer fails to do this, they could be guilty of malpractice.

Many legal malpractice cases stem due to poor communication between attorneys and their clients. For instance, an attorney might not return calls or fail to inform their clients of the decision made on their behalf. An attorney might also neglect to communicate important details about the case or fail divulge any issues with an transaction.

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must show that they were able to recover financial losses as a result of the negligence of the lawyer. These losses must be documented, which requires documents such as client files emails, correspondence between the lawyer and the client, as well as bills. In the event of fraud or theft an expert witness might be required to look into the case.

Inability to Follow the Law

Attorneys must be in compliance with the law and be aware of what it means for specific situations. If they fail to do so then they could be accused of misconduct. Examples include mixing funds from clients with theirs using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Another type of legal malpractice is failure to file a lawsuit within the statute of limitations, missing deadlines for filing with the court, and not following the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. They must inform clients of any financial or personal interest which could affect their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. Attorneys must follow the instructions of clients unless it is evident that the action would not be beneficial.

To win a malpractice lawsuit the plaintiff must prove that the lawyer has violated his duty of care. This isn't easy, since it requires proof that the defendant's actions or negligence caused damages. It's also not enough to prove the result of the negligence of the attorney was detrimental and for a malpractice case to succeed, it needs to be proven that there is an excellent chance that the plaintiff could have won their case if the defendant had followed standard practice.