How to Sue Your Attorney for Malpractice lawyer

If you wish to sue your attorney over malpractice, you must prove that the breach of duty resulted in legal, monetary or other negative consequences for you. You must establish an immediate connection between the attorney's incompetence and the negative outcome.

Legal malpractice lawyers does not cover matters of strategy. If you lose a case because your lawyer did not submit the lawsuit on time, this could be an act of malpractice.

Misuse of funds

One of the most popular kinds of legal malpractices is the misuse of funds by lawyers. Lawyers are in a fiduciary relationship with their clients and are expected to behave with the highest degree of trust and fidelity, especially when handling money or other property that the client has left to them.

When a client makes a payment for their retainer the lawyer is obligated by law to place that money in a separate escrow account that is exclusively used for that particular case. If the attorney makes use of the escrow fund for personal use or co-mingles it with their own funds it is in violation of their fiduciary duty and could be accused of legal negligence.

Imagine, for example the scenario where a client hires an attorney to represent the client in a lawsuit filed against a driver whose vehicle was struck by them as they crossed the street. The client can prove the driver's negligence and that the accident caused the injuries they sustained. Their lawyer fails to comply with the law and is unable file the case in time. Therefore, the case is dismissed and the injured party suffers financial loss as a result of the lawyer's mistake.

The time frame for suing an attorney for negligence is governed by a statute-of-limitations, which can be tricky to determine in cases where a loss or injury occurred as the result of the attorney's negligence. A competent New York attorney with experience in the field of malpractice law can explain the statute of limitations to you and assist you determine if your case is suitable for a legal malpractice lawsuit.

Failure to adhere to the rules of professional conduct

Legal malpractice occurs when an attorney fails to adhere to the generally accepted standards of professional conduct, and inflicts harm on the client. It is required to meet the four components of most torts: an attorney-client relation as well as breach of duty and proximate cause.

Some examples of malpractice are lawyers who mix personal and trust funds, Malpractice Lawyer not submitting claims in time to file suit within the timeframes, pursuing cases where they are not competent, failing to carry out an investigation into conflicts and not being up-to current on court proceedings or any new legal developments that could impact the case. Lawyers are required to communicate with their clients in a timely manner. This does not only include email and fax and also includes returning telephone calls promptly.

Attorneys can also commit fraud. This could be accomplished by lying to the client or any other person involved in the case. In this situation it is imperative to have all the facts at your possession to determine if the lawyer was being untruthful. It is also a breach of the attorney-client contract if an attorney decides to take on cases that are outside of their area of expertise and does not inform the client about this or recommend seeking separate counsel.

Inability to inform

When a client employs an attorney, it means they've reached a point at which their legal situation is beyond their ability and experience and that they can no longer resolve it on their own. The lawyer is obliged to inform clients about the merits of the case, the potential risks and costs involved, and their rights. If a lawyer fails to do so may be liable.

Many legal malpractice cases result due to poor communication between attorneys and their clients. For example, an attorney might not return calls or fail to inform their clients of a decision taken on their behalf. An attorney may not be able to communicate crucial details about a case or fail to disclose known problems with an transaction.

A client may sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. These losses must be documented, which will require evidence like client files emails, correspondence between the attorney and the client, and bills. In the case of theft or fraud it could also be required to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and understand the way it is applied in particular circumstances. They could be found guilty of misconduct when they fail to do so. Examples include combining client funds with their own or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

Other instances of legal malpractice are failure to file a suit within the statute of limitations and not filing the suit by the deadlines set by the court and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of interest. This means that they have to inform clients of any financial or personal concerns that could impact their judgment in representing them.

Finally, attorneys are obligated to follow the instructions of their clients. If a client directs them to take a particular action, the attorney must follow the instructions unless there is an obvious reason why it would not be beneficial or feasible.

In order to win a malpractice suit the plaintiff must prove that the lawyer violated his duty of care. It isn't easy to prove that the defendant's inaction or actions caused damage. It's not enough to prove the result of the attorney's negligence was bad; for a malpractice claim to succeed, it must be shown that there is a high likelihood that the plaintiff would have prevailed when the defendant had acted in accordance with standard practice.