How to Sue Your Attorney for Malpractice

To sue an attorney for negligence, you must to show that the breach had negative legal, financial or other implications for you. It is not enough to demonstrate that the negligence of the attorney was a problem and you must prove an immediate link between the breach and the negative outcome.

Strategies do not count as legal malpractice but if your lawyer does not file a lawsuit on time and you lose the case it could be a case of malpractice.

The misuse of funds

One of the most prevalent types of legal malpractice involves 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 given them.

When a client makes retainer to their lawyer, the attorney is required to place the money into a separate escrow account that is specifically destined for the purpose of the case only. If the lawyer utilizes the escrow funds for personal purposes or co-mingles it with their own funds and malpractice lawyer funds, they are in breach of their fiduciary obligations and could be charged with legal negligence.

Imagine, for instance, that a customer hires their attorney to represent them in an action against a driver who slammed into them as they were walking across the street. The client is able to prove that the driver was negligent, and can demonstrate that the collision caused their injuries. The lawyer, however, misses the statute and is unable file the case on time. The lawsuit is dismissed and the injured party suffers financial losses because of the lawyer's error.

The time limit to sue an attorney for negligence is governed by a statute of limitation, which can be tricky to calculate in a case where a loss or injury occurred as the result of the attorney's negligence. A New York attorney who is skilled in malpractice law can explain the statute of limitation and help you decide if you have a case that is eligible for an action.

Infractions to the rules of professional conduct

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

Some typical examples of malpractice are a lawyer commingling their personal and trust account funds, failing to timely make a claim within the timeframe of the statute of limitations, taking on cases where they aren't competent, not performing a proper conflict check, as well as not being up-to-date on court proceedings or new developments in law that could affect the case. Lawyers are required to communicate with their clients in a reasonable way. This includes not just emails and faxes, malpractice lawyer but also returning telephone calls promptly.

It is also possible for attorneys to engage in fraud. This can happen in a variety of ways, such as lying to the client or anyone involved in a case. In this case it is imperative to have the facts on hands so that you can determine if the lawyer was being dishonest. A breach of the agreement between the attorney and client is when an attorney decides to take cases outside their area of expertise without informing the client or informing them to seek out independent counsel.

Failure to Advise

When a client hires an attorney, it indicates that they've reached a point where their legal situation is beyond their capabilities and experience and that they can no longer resolve it by themselves. The lawyer is obliged to inform clients about the importance of the case, the potential risks and costs involved, as well as their rights. If a lawyer fails to do this, they may be guilty of malpractice.

Many legal Malpractice Lawyer claims are the result of poor communication between lawyers, and their clients. A lawyer may not answer a calls or fail to inform their clients of a particular decision made in their behalf. A lawyer may also fail to provide important information regarding the case or fail disclose known problems with a transaction.

A client may sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. The losses should be documented. This requires evidence, like email and client files, or other correspondence between an attorney and client, and also bills. In cases involving fraud or theft it could also be required to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are bound by the law and understand the laws that apply to specific circumstances. They could be found guilty of misconduct if they do not. Examples include mixing funds from clients with their own, using settlement proceeds to pay for personal expenses and not doing basic due diligence.

Another type of legal malpractice is failure to file an action within the statute of limitations, missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of interests. They must disclose to clients any financial or personal interests that could affect their judgment when representing them.

Finally, attorneys are obligated to abide by the instructions of their clients. If a client instructs them to take a specific action, the attorney must follow those instructions unless there's any reason that suggests it is not beneficial or possible.

To prevail in a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It isn't easy to prove that the defendant's inaction or actions caused harm. It isn't enough to demonstrate that the attorney's wrongful actions resulted in a bad outcome. A malpractice claim must also show that there was a substantial likelihood that the plaintiff's lawsuit could have been won had the defendant had followed normal procedures.