How to Sue Your Attorney for Malpractice

If you want to sue your attorney for Malpractice lawyers malpractice, you have to prove that their negligence caused legal, monetary or other negative consequences for you. You must demonstrate that there is a direct link between the attorney's incompetence and the negative outcome.

Strategies do not qualify as legal malpractice, however, the lawyer you hire fails to file a lawsuit on time and you lose the case, that could be a sign of malpractice.

Inappropriate use of funds

One of the most common kinds of legal malpractices is the misuse by a lawyer of funds. Lawyers are bound by a fiduciary obligation to their clients and must behave with trust and fidelity when handling money or other property that the client has entrusted them with.

When a client pays a retainer, their lawyer must put the money in a separate escrow account specifically destined for the purpose of the case only. If the attorney mixes the account with their personal funds, or uses it for any other purpose that is a clear breach of fiduciary responsibility and could be considered legal negligence.

For example, imagine that a client employs their attorney to represent them in the case of a driver who struck them as they were crossing the street. The client can prove that the driver was negligent and could prove that the collision caused their injuries. However, their lawyer is not aware of the deadline and is in a position to file the lawsuit within time. Therefore, the case is dismissed and the victim is liable for financial losses because of the lawyer's mistake.

The time frame for suing an attorney for malpractice is limited by a statute that limits the time for suing that can be difficult to calculate in a situation where an injury or loss was the result of the negligence of the attorney. A competent New York attorney with experience in malpractice law can explain the time limit to you and assist you determine if your case is suitable for a legal malpractice lawyer suit.

Infractions to the rules of professional conduct

Legal malpractice is when a lawyer fails to follow generally accepted professional standards and causes harm to the client. It requires the four elements of the most common torts: an attorney-client relation as well as breach of duty and proximate cause.

Some typical examples of malpractice include a lawyer mixing their personal and trust account funds, failing to file a lawsuit within the timeframe of 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 other developments in the law that could affect the case. Lawyers are accountable to communicate with their clients in a reasonable way. This does not only include email or fax as well as responding to phone calls promptly.

Attorneys are also able to commit fraud. This can occur in a variety of ways, such as lying to the client or anyone else involved in the case. In this instance it is essential to have the facts in hand so that you can determine if the lawyer was being dishonest. A breach of the agreement between the attorney and client occurs when an attorney takes cases outside their area of expertise without informing the client of this or soliciting independent counsel.

Inability to advise

If a client decides to hire a lawyer, it means that their legal issues have become beyond their knowledge and experience. They are unable solve the issue by themselves. Lawyers are required to inform clients about the importance of the case, the risks and costs involved, and their rights. Lawyers who fail to do this may be found guilty.

Many legal malpractice Lawyers claims arise because of poor communication between lawyers, and their clients. An attorney may not return phone calls or fail to inform their clients of a particular decision that they have made on their behalf. Attorneys may also fail to disclose important information about an instance or fail to disclose known problems with a transaction.

It is possible to claim a lawyer's negligence, but the client must show that they were able to recover financial losses as a result of the negligence of the lawyer. The losses must be documented. This requires evidence, like client files and emails or any other correspondence between an attorney and a customer, as well as bills. In the event of fraud, or theft an expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and comprehend the laws that apply to specific circumstances. They could be found guilty of misconduct if they don't. Examples include combining client funds with their own, or using settlement proceeds to pay personal expenses, or not performing basic due diligence.

Other examples of legal misconduct include failure to file a lawsuit within the statute of limitations or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of interest. They must disclose to clients any financial or personal interest that could influence their judgement when representing them.

Attorneys are also required to follow the instructions of their clients. If a customer instructs them to take particular action the attorney must comply with those instructions unless there is an obvious reason why it is not beneficial or possible.

To prevail in a malpractice suit, the plaintiff must prove that the lawyer violated their duty of care. It isn't easy to prove that the defendant's lapses or actions caused harm. It is not enough to prove that the attorney's error led to a poor outcome. A malpractice claim must prove that there was a high likelihood that the plaintiff's lawsuit could have been won had the defendant had followed the standard procedure.