How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, it is necessary to show that the breach caused financial, legal, or other consequences for you. You must demonstrate that there is a direct link between the attorney's negligence and the negative results.

Strategy-related issues do not count as legal malpractice however, if your lawyer fails to file a lawsuit in time and you lose the case, that could be a sign of malpractice.

Fraud in the use of funds

One of the most popular kinds of legal malpractice is the misuse by a lawyer of funds. Lawyers are bound by a fiduciary obligation to their clients, and must act with integrity and fidelity when handling funds or other assets that the client has entrusted them with.

When a client makes a payment for their retainer the lawyer is obligated by law to place that money into an escrow account that is exclusively specifically used for the particular case. If the attorney makes use of the escrow account for personal use or co-mingles it with their own funds it is in violation of their fiduciary duties and could be charged with legal negligence.

Imagine, for example the scenario where a client hires an attorney to represent him in a lawsuit against a driver whose car was struck by them as they crossed the street. The client is able to prove that the driver was negligent, and can prove that the collision caused their injuries. The lawyer, however, misses the statute and is unable file the case in time. The lawsuit is dismissed and the party who was injured suffers financial losses as a result of the lawyer's mistake.

The statute of limitations restricts the amount of time you can bring a lawsuit against a lawyer for malpractice. It is often difficult to determine when an injury or loss was caused by the attorney's negligence. A New York attorney who is proficient in malpractice law can explain the statute of limitation and assist you in determining whether you have a case which is suitable for a lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer fails follow generally accepted professional standards and causes harm to the client. It is based on the same four elements of most torts, which are an attorney-client relationship an obligation, a breach, and proximate causality.

A few common examples of Malpractice Lawyer are a lawyer mixing their personal and trust account funds, failing to timely make a claim within the statute of limitations, taking on cases where they are not competent, not conducting a proper conflict check, as well as not being up-to-date with court proceedings or any new developments in the law that may affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This does not only include email or fax as well as returning telephone calls in a timely manner.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client or any other person involved in the case. It is essential to understand the facts in order to determine if the attorney is dishonest. It also constitutes a breach of the attorney-client contract when an attorney is assigned an assignment that is not within the scope of their area of expertise and does not inform the client of this or suggest they seek out separate counsel.

Inability to advise

If a client engages an attorney, this means they've reached a stage where their legal issue is beyond their own skill and experience, and they can no longer resolve it by themselves. The lawyer has a duty to inform clients about the advantages of the case, the risks and costs involved, and their rights. If an attorney fails to do this, they could be guilty of malpractice law firms.

Many legal malpractice claims result due to poor communication between attorneys and their clients. For example an attorney may not answer phone calls or fail to inform their clients of a decision taken on their behalf. Attorneys may also fail to share important information about the case or fail to reveal any problems that may arise from a transaction.

It is possible to bring a lawsuit against an attorney for negligence, but the client must prove that they were able to recover financial losses as a result of the negligence of their lawyer. The losses must be documented, which requires evidence such as files of the client emails, client files, and other correspondence between the lawyer and the client, along with bills. In cases of fraud or theft It may be required to engage an expert witness to review the case.

Inability to Follow the Law

Attorneys must follow the law and know how it applies to specific situations. They could be found guilty of malpractice if they do not. Examples include mixing client funds with theirs using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Another instance of legal malpractice includes failure to file a lawsuit within the statute of limitations, not meeting deadlines for filing in court, and not following the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. They must disclose to clients any financial or personal interests that might affect their judgment when representing them.

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

In order to prevail in a malpractice suit, the plaintiff must prove that the lawyer violated their duty of care. This can be a challenge, because it requires proving that the defendant's actions or inaction caused damages. It is not enough to show that the attorney's negligence caused a bad result. A malpractice claim must also show that there was a significant likelihood that the plaintiff's case would have been successful if the defendant followed standard practices.