How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must demonstrate that the breach of duty led to legal, monetary or other negative effects for you. You must demonstrate that there is a direct link between the attorney's negligence and the negative results.

The nuances of strategy don't count as legal malpractice but the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case it could be a case of malpractice.

Misuse of funds

One of the most popular types of legal malpractice involves the misuse of funds by lawyers. Attorneys are bound by a fiduciary duty to their clients, and must act with integrity and fidelity when handling funds or other assets that the client has trusted them with.

If a client pays their retainer to a lawyer, they are required by law to put that money in an fund for escrow that is exclusively specifically used for the particular case. If the lawyer co-mingles the escrow account with their personal funds or utilizes it for any other purpose, this is a clear breach of the fiduciary obligation and could be considered legal misconduct.

Imagine, for instance that a client hires an attorney to represent the client in a lawsuit filed against a driver whose vehicle hit them as they crossed the street. The client has proof that the driver was negligent, and can show that the accident caused their injuries. However, their lawyer misses the deadline and is not able to file the case within the timeframe. The lawsuit is dismissed and the person who was injured suffers financial losses as a result of the lawyer's error.

A statute of limitation limits the amount of time you can bring a lawsuit against a lawyer for malpractice. This can be difficult to calculate when an injury or loss was caused by the negligence of an attorney. A reputable New York attorney with experience in the field of malpractice law can explain the statute of limitations to you and assist you to determine if your case is a suitable candidate for a legal malpractice suit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is when an attorney fails to adhere to generally accepted standards of professional conduct, and inflicts harm on the client. It is a requirement of the four elements of the most common torts: an attorney-client relation, a duty, breach and the proximate cause.

Some examples of malpractice include mixing trust and personal account funds, failing in time to bring suit within the timeframe of the statute of limitations, taking on cases where they are not competent, not performing a proper conflict check, as well as not keeping up-to-date with court proceedings or any new developments in law that may affect the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This doesn't just mean email and faxes, but also returning telephone calls promptly.

Attorneys can also commit fraud. It can be done by lying to the client or any other person involved in the case. In this instance it is crucial to have the facts on hands so that you can determine if the attorney was dishonest. It is also a breach of the attorney-client contract if an attorney takes on cases that are outside of their area of expertise and does not inform the client about this or suggest that they seek separate counsel.

Failure to Advise

When a client engages an attorney, it implies that their legal matter has become beyond their knowledge and experience. They are unable to solve the problem by themselves. The lawyer has a duty 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 could be liable for malpractice.

Many legal malpractice lawyers claims result due to poor malpractice lawyers communication between attorneys and their clients. An attorney might not return a calls or fail to inform their clients about a specific decision that they have made on their behalf. An attorney may also be unable to provide important information regarding the case or fail identify any issues with transactions.

A client can sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. The losses must be documented, which will require documents such as client files emails, client files, and other correspondence between the attorney and the client, and bills. In the case of theft or fraud, it may also be required to have an expert witness examine the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and comprehend the laws that apply to specific situations. They could be found guilty of malpractice in the event that they fail to follow. Examples include mixing funds from clients with theirs using settlement proceeds to pay for personal expenses, and failing to do basic due diligence.

Another type of legal malpractice includes the failure to file a lawsuit within the timeframe of limitations, failing to meet deadlines for filing in court and not observing the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of conflicts of interest. They must disclose to clients any financial or personal interest that could influence their judgement when representing them.

In addition, attorneys are required to follow the instructions of their clients. Attorneys are required to follow the directions of clients unless it is obvious that the decision is not beneficial.

In order to prevail in a malpractice case, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. This can be difficult since it requires proving the defendant's actions or inaction caused damages. It is not enough to prove that the attorney's negligence led to a poor outcome. A malpractice claim must also show that there was a significant chance that the plaintiff's claim would have been successful if the defendant had followed standard procedures.