How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you must to prove that the breach of duty caused financial, legal or other consequences for you. It's not enough to prove the attorney's negligence was bad it is also necessary to establish an unambiguous link between the breach and the negative outcome.

Strategy-related issues do not count as legal malpractice but if your lawyer fails to submit a lawsuit on time and you lose the case that could be a sign of malpractice.

Use of funds in a fraudulent way

The misuse of funds by lawyers is one of the most common forms of legal negligence. Lawyers are in a fiduciary relationship with their clients and are expected to act with a high level of trust and fidelity, especially when dealing with money or other property that the client has left to them.

If a client pays a retainer to their attorney, the attorney is required to place that money into a separate escrow account specifically destined for the purpose of the case only. If the lawyer utilizes the escrow funds for personal reasons or mixes it with their own funds, they are in violation of their fiduciary responsibilities and could be charged with legal malpractice.

Imagine, for example, that a client hired an attorney to represent the client in a lawsuit filed against a motorist whose car hit them as they crossed the street. The client is able to prove that the driver was negligent and could demonstrate that the collision caused their injuries. Their lawyer violates the law and is unable file the case in time. The lawsuit is dismissed, and the injured party suffers a financial loss because of the lawyer's mistake.

A statute of limitations limits the time that you can pursue a lawyer's malpractice. It can be difficult to calculate when the loss or injury was caused by the attorney's negligence. A competent New York attorney with experience in the field of malpractice law can explain the time limit to you and assist you determine if your case is a suitable candidate for a legal malpractice lawsuit.

Failure to follow the professional rules of conduct

Legal malpractice occurs when a lawyer fails to adhere to the generally accepted standards of professional practice and results in harm to the client. It is the result of four elements of the most common torts: an attorney-client relationship as well as breach of duty and the proximate cause.

A few examples of malpractice include the lawyer combining their personal and trust funds, failing to timely to file suit within the statute of limitations, pursuing cases in which they're not competent, failing to carry out an investigation into conflicts and not staying up to current on court proceedings or any new legal developments that could affect the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This does not only include the use of faxes and email, but also the ability to return phone calls promptly.

Attorneys can also commit fraud. This could be done by lying to the client, or to anyone else involved in the case. In this situation it is crucial to have the facts on hands so that you can determine if the lawyer was untruthful. It also constitutes a breach of the contract between attorney and client if an attorney takes on a case that is outside of their expertise and does not inform the client about this or suggest that they seek separate counsel.

Inability to advise

When a client hires an attorney, it is a sign that they've reached a point at which their legal situation is beyond their expertise and experience and they are unable to resolve it by themselves. It is the lawyer's duty to inform clients of the benefits of a case in addition to the costs and risk involved, as well as their rights. If an attorney does not comply with this requirement, they could be guilty of malpractice.

Many legal malpractice claims stem from a lack of communication between attorneys and their clients. An attorney may not return calls or fail to inform their clients of a certain decision that they have made on their behalf. A lawyer may also fail to share important information about the case or fail identify any issues with the transaction.

A client can sue an attorney if they've suffered financial losses due to the lawyer's negligence. These losses must be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and a client as well as invoices. In cases involving theft or fraud it could also be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys must abide by the law and understand what it means for specific situations. They could be found guilty of misconduct when they fail to do so. Examples include commingling client funds with their own or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Other examples of legal malpractice include failing to file a suit within the statute of limitation or missing deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must inform clients of any financial or personal interest that could influence their judgement when representing them.

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

To prevail in a malpractice lawsuit, the plaintiff has to prove that the lawyer violated his duty of care. It can be difficult to prove that the defendant's inaction or actions caused harm. It isn't enough to show that the attorney's negligence led to a poor attorneys outcome. A malpractice claim must also prove that there was a substantial probability that the plaintiff's case would have been successful if the defendant followed standard practices.