How to Sue Your Attorney for malpractice lawsuits

If you want to sue your attorney for malpractice, you must prove that their breach of duty caused financial, legal or other negative effects for you. It is not enough to show that the attorney's negligence was negligent; you must also show that there is a direct connection between the breach and the negative outcome.

Strategies do not count as legal malpractice however, the lawyer you hire fails to submit a lawsuit on time and you lose the case that could be a form of malpractice.

Misuse of Funds

One of the most common kinds of legal malpractice is the misuse by a lawyer of funds. Lawyers are in a fiduciary relationship with their clients and are required to behave with a high level of trust and fidelity, especially when handling funds or other property that the client has given to them.

If a client pays retainer fees, their lawyer must put the money in a separate escrow account specifically designated for the specific purpose of the case only. If the attorney mixes the account with personal funds or makes use of it for any other purpose it is a clear breach of the fiduciary obligation and could result in legal fraud.

As an example, suppose that a client hires an attorney to represent them in an action against a motorist who struck them as they were crossing the street. The client has proof that the driver was negligent and can prove that the collision caused their injuries. The lawyer, however, misses the statute and is unable to file the case on time. Therefore, the case is dismissed and the victim suffers financial loss as a result of the lawyer's error.

A statute of limitation limits the time it takes to claim a lawyer's negligence. It is often difficult to determine when the loss or injury was caused by negligence of the lawyer. A licensed New York attorney with experience in malpractice law can explain the statute of limitations to you and help you determine if your situation is a good fit for a legal malpractice suit.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and results in harm to the client. It is the result of four elements of most torts: an attorney-client relation and a duty, breach and the proximate cause.

Some examples of malpractice are lawyers who mix personal and trust funds, failing to timely to file suit within the statute of limitations, pursuing cases in which they aren't competent, failing to conduct an examination of conflicts and not being up to the current court proceedings or any recent legal developments that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This doesn't just mean email and faxes but also returning telephone calls promptly.

Attorneys are also able to commit fraud. This can happen in a variety of ways, including lying to the client or to anyone involved in a case. In this scenario it is crucial to have the facts on your possession to determine if the lawyer was insincere. A breach of the agreement between the attorney and client is when an attorney decides to take an action outside of their area of expertise without advising the client or informing them to seek out independent counsel.

Failure to provide advice

When a client hires an attorney, this means they've reached the point at which their legal situation is beyond their ability or experience and they can no longer resolve it by themselves. It is the job of the lawyer to inform clients of the merits of a particular case as well as the risks and costs associated with it, and their rights. An attorney who fails to provide this advice could be guilty.

Many legal malpractice claims stem from poor communication between attorneys and their clients. An attorney might not return a phone call or fail to inform their clients about a specific decision taken on their behalf. A lawyer may also fail to provide important information regarding the case or fail to disclose known problems with transactions.

It is possible to sue an attorney for negligence, but the client must prove that they have suffered real financial losses because of the lawyer's negligence. The losses should be documented. This requires evidence, like client files and emails, or any other correspondence between an attorney and a client, as well bills. In the case of fraud or theft It may be required to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys must follow the law and know what it means for specific situations. If they fail to do so then they could be accused of misconduct. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, or not performing basic due diligence.

Other instances of legal malpractice are failure to file a lawsuit within the time limit, missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of interest. They must inform clients of any personal or financial interest that could influence their judgement when representing them.

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

In order to prevail in a malpractice suit the plaintiff must show that the lawyer violated their duty of care. This can be a challenge, since it requires proof that the defendant's actions or inaction resulted in damages. It's not enough to prove the result of the attorney's negligence was negative; for a malpractice claim to be successful, it has to be proven that there is an extremely high chance that the plaintiff could have won the case should the defendant followed the standard procedure.