How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that their breach of duty caused financial, legal or other negative outcomes for you. You must show that there is a direct link between the attorney's incompetence and the negative outcome.

Strategies do not count as legal malpractice however, when your lawyer fails to file a lawsuit in time and you lose the case that could be a sign of malpractice.

Fraud in the use of funds

Misuse of funds by lawyers is among the most frequent types of legal malpractice. Attorneys have a fiduciary relationship with their clients and are expected to behave with the utmost trust and fidelity, especially when dealing with money or other property that the client has given to them.

If a client is required to pay their retainer the lawyer is obligated by law to deposit the money into an escrow fund that is only utilized for that particular case. If the lawyer uses the escrow fund for personal use or co-mingles it with their own funds, they are in violation of their fiduciary responsibilities and could be charged with legal misconduct.

For instance, suppose that a customer hires their attorney to represent them in the case of a driver who struck them as they were walking along the street. The client has proof that the driver was negligent and is able to show that the accident caused their injuries. But, their lawyer violates the deadline and is unable to file the case within time. Consequently, the lawsuit is dismissed and the victim is financially harmed as a result of the lawyer's mistake.

The statute of limitations restricts the amount of time you can claim a lawyer's negligence. It is often difficult to determine if an injury or loss is due to the negligence of the lawyer. 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 suit.

Failure to adhere to the rules of professional conduct

Legal malpractice is when an attorney does not adhere to the generally accepted professional standards, and inflicts harm on the client. It is based on the same four elements as the majority of torts, including an attorney-client relationship as well as a duty, breach, and proximate cause.

Some typical examples of malpractice include a lawyer mixing their personal and trust account funds, failing to make a claim within the statute of limitations and assuming cases in which they are not competent, not conducting a proper conflict check, as well as not keeping up-to-date with court proceedings or any new developments in the law that may affect the case. Lawyers are accountable to communicate with their clients in a reasonable manner. This is not limited to email and faxes, but also answering phone calls promptly.

Attorneys can also commit fraud. It can be done in a variety of ways, including lying to the client or to anyone involved in a case. It is essential to understand the facts to determine if the attorney is insincere. It's also a violation of the attorney-client contract if an attorney decides to take on a case that is outside of their expertise and fails to inform the client of this or advise them to seek separate counsel.

Inability to advise

When a client hires an attorney, it indicates that their legal matter has become beyond their knowledge and experience. They are unable to solve the problem by themselves. Lawyers are required to inform clients about the benefits of the case, the risks and costs involved, as well as their rights. If a lawyer fails to perform this, they could be guilty of malpractice.

Many legal malpractice attorney claims stem due to poor communication between attorneys and their clients. For example, an attorney might not return calls or fail to inform their clients of the decision made on their behalf. Attorneys may not also communicate vital details regarding a case, or fail to disclose known problems with a transaction.

It is possible to claim a lawyer's malpractice, but a client must prove they suffered financial losses as a result of the lawyer's negligence. The losses must be documented, which will require evidence such as client files email correspondence, other correspondence between the lawyer and the client, along with bills. In the event of fraud or theft an expert witness could be required to review the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and understand the laws that apply to specific situations. They could be found guilty of malpractice when they fail to do so. Examples include combining funds from clients with their own, malpractice or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Other instances of legal malpractice include failing to file a lawsuit within the statute of limitation and missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interests. This means that they have to inform clients of any personal or financial interests that might affect their decision-making process when representing them.

In addition, attorneys are required to follow the instructions of their clients. Attorneys must follow instructions from clients unless it is obvious that the actions will not be beneficial.

To prevail in a malpractice lawsuit the plaintiff must prove that the lawyer violated his duty of care. It can be challenging to establish that the defendant's inaction or actions caused damage. It's not enough to show that the result of the attorney's negligence was negative in order for a malpractice claim to succeed, it needs to be proved that there is an extremely high chance that the plaintiff could have won the case if the defendant had followed the standard procedure.