How to Sue Your Attorney for Malpractice

If you want to sue your attorney for 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 negligence and the negative outcome.

Strategies do not count as legal malpractice but the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case this could be a type of malpractice attorney.

The misuse of funds

One of the most prevalent kinds of legal malpractice is the misuse of funds by lawyers. Lawyers are in a fiduciary relationship with their clients and are expected to act with a high level of trust and fidelity, especially when handling money or other property that the client has left to them.

If a client pays their retainer the lawyer is obligated by law to keep that money in a separate escrow fund that is only utilized for that particular case. If the attorney co-mingles the account with their personal funds or utilizes it for other purposes, this is a clear violation of fiduciary duty and could result in legal fraud.

For example, imagine that a client hires their attorney to represent them in a lawsuit against a driver who hit them as they were crossing the street. The client has proof that the driver was negligent, and can demonstrate that the collision caused their injuries. However, their lawyer misses the deadline and is in a position to file the lawsuit in time. The lawsuit is dismissed, and the person who was injured suffers financial losses as a result of the lawyer's mistake.

The time frame for suing an attorney for negligence is governed by a statute of limitations, which can be tricky to determine in a situation where a loss or injury was the result of the negligence of the attorney. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitation and assist you in determining whether you have a case which is suitable for an action.

Infractions to the professional rules of conduct

Legal malpractice lawsuit occurs when an attorney fails to follow generally accepted professional standards, and causes harm to the client. It is required to meet the four components of most torts: an attorney-client relation and a duty, breach and proximate cause.

Some common instances of malpractice include a lawyer mixing their personal and trust account funds, failing in time to file a lawsuit within the timeframe of the statute of limitations or taking on cases where they aren't competent, not performing a conflict check, and not keeping up to date on court proceedings or new developments in the law that could affect the case. Lawyers are also required to communicate with clients in a reasonable way. This is not limited to emails and faxes, but also answering phone calls promptly.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client or anyone else involved in the case. It is essential to understand the facts in order to determine if the lawyer was deceitful. It is also a breach of the attorney-client contract if an attorney is assigned a case that is outside of their expertise and fails to inform the client about this or recommend seeking separate counsel.

Failure to Advise

When a client hires a lawyer, it signifies that their legal issue has exceeded their skills and experience. They cannot resolve the issue on their own. The lawyer is required to inform clients about the benefits of the case, the potential risks and costs involved, as well as their rights. A lawyer who fails to do this could be held accountable.

Many legal malpractice cases result from a lack of communication between lawyers and their clients. A lawyer may not answer a phone calls or fail to inform their clients of a particular decision made in their behalf. A lawyer may also fail to disclose important information about the case or fail disclose known problems with a transaction.

A client can sue an attorney if they've suffered financial losses due to the lawyer's negligence. These losses must be documented. This requires evidence, such as client files and emails, or any other correspondence between an attorney and a customer, and also bills. In the event 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 follow the law and understand the laws that apply to specific situations. If they fail to do so and they don't, they could be found guilty of misconduct. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

Other examples of legal malpractice include failure to file a lawsuit within the statute of limitation or missing deadlines for filing with the court and not complying with the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must inform clients of any financial or personal interests that could affect their judgment when representing them.

In addition, attorneys are required to follow instructions from their clients. If a client asks them to take a specific action, the attorney must follow the instructions, unless there's any reason that suggests it is not beneficial or even feasible.

In order to win a malpractice suit 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 isn't enough to show that the attorney's negligence caused a negative outcome. A malpractice claim must prove that there was a substantial likelihood that the plaintiff's case would have been won if the defendant followed standard practices.