How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you have to prove that the breach of duty resulted in legal, monetary or other negative outcomes for you. You must prove an immediate connection between the attorney's negligence and the negative result.

The nuances of strategy don't constitute legal malpractice, however, the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case that could be a form of malpractice.

Inappropriate use of funds

A misuse of funds by a lawyer is one of the most common types of legal fraud. Lawyers are required to fulfill a fiduciary duty to their clients and must act with trust and fidelity when handling funds or other assets that the client has trusted them with.

When a client pays their retainer the lawyer is obligated by law to place that money into an escrow fund that is only utilized for that particular case. If the lawyer co-mingles the account with personal funds or uses it for any other purpose, this is a clear breach of fiduciary duty, and could constitute legal malpractice.

Imagine, for instance that a client hires an attorney to represent the client in a lawsuit filed against a driver whose car struck them when they crossed the street. The client can prove the driver's negligence and that the collision caused their injuries. But, their lawyer violates the statute of limitations and is unable to file the case within the timeframe. Thus, the lawsuit is dismissed and the victim suffers financial losses due to the lawyer's error.

The time frame for suing an attorney for malpractice is limited by a statute of limitations which can be a challenge to determine in a situation where an injury or loss was the result of the attorney's negligence. A reputable New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and help you determine if your situation is a suitable candidate for a legal malpractice suit.

Failure to adhere to the professional rules of conduct

Legal malpractice occurs when an attorney does not adhere to the generally accepted standards of professional conduct, malpractice lawyers and inflicts harm on the client. It requires the same four elements that are common to all torts, including an attorney-client relationship an obligation, a breach, and proximate cause.

Some examples of malpractice Lawyers include a lawyer mixing trust and personal account funds, failing to bring suit within the time limit, taking on cases in which they are not competent, failing to conduct an investigation into conflicts, and not staying up to date with court proceedings or any new developments in the law that could affect the case. Lawyers are required to communicate with their clients in a fair and reasonable manner. This includes not just email and faxes but also the ability to return phone calls promptly.

Attorneys are also able to commit fraud. This can be done by lying to the client, or any other person involved in the case. It is essential to learn the facts in order to determine if the lawyer was insincere. A breach of the attorney-client agreement occurs when an attorney is able to handle an action outside of their area of expertise without informing the client or advising them to seek independent counsel.

Inability to provide advice

When a client employs an attorney, it implies that their legal issues have exceeded their skills and experience. They are unable to resolve it by themselves. The lawyer is obliged to inform clients of the importance of the case, the potential risks and costs involved, as well as their rights. If a lawyer fails to do this, they could be guilty of malpractice attorney.

Many legal malpractice claims are the result of poor communication between attorneys, and their clients. Attorneys may not respond to phone calls or fail to inform their clients of a particular decision made in their behalf. Attorneys may not also communicate vital details about a case or fail to reveal any issues with an transaction.

A client can sue an attorney if they have suffered financial losses due to the negligence of the lawyer. The losses must be documented, which requires evidence such as files of the client emails, client files, and other correspondence between the attorney and the client, as well bills. In the event of fraud or theft it could also be required to have an expert witness examine the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and know the law's implications in particular situations. They could be found guilty of misconduct if they don't. Examples include commingling client funds with their own, or using settlement proceeds to pay personal expenses, or not performing basic due diligence.

Other instances of legal misconduct include failure to file a lawsuit within the statute of limitation 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 significant conflicts of interests. They must inform clients of any financial or personal interests that might affect their judgment when representing them.

Attorneys are also required to follow instructions from their clients. Attorneys are required to follow the directions of clients unless it is obvious that the actions would not be beneficial.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It can be challenging to prove that the defendant's lapses or actions caused damage. It is not enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must prove that there was a substantial chance that the plaintiff's claim would have been successful if the defendant had followed the standard procedure.