How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must demonstrate that the breach of duty resulted in financial, legal or other negative consequences for you. You must show an immediate connection between the attorney's negligence and the negative results.

Strategy-related issues do not be considered legal Malpractice lawyers, but if your lawyer does not submit a lawsuit on time and you lose the case that could be a form of malpractice.

Misuse of funds

The misuse of funds by lawyers is among the most prevalent kinds of legal fraud. Lawyers are bound by a fiduciary obligation to their clients and must act with integrity and fidelity when handling money or any other property that the client has trusted them with.

When a client pays their retainer and the lawyer is required by law to deposit the money in an fund for escrow that is exclusively intended for the specific case. If the lawyer makes use of the escrow fund for personal purposes or co-mingles it with their own funds it is in violation of their fiduciary duties and could be accused of legal misconduct.

For instance, suppose that a customer hires their attorney to represent them in an action against a motorist who hit them as they were walking across the street. The client is able to prove that the driver was negligent, and can prove that the collision caused their injuries. However, their lawyer fails to comply with the deadline and is unable to file the case in time. Thus, the lawsuit is dismissed and the party who was injured is financially harmed because of the lawyer's mistake.

The time to sue an attorney for negligence is governed by a statute of limitation which can be difficult to calculate in a situation where an injury or loss occurred as the result of the negligence of the attorney. A New York attorney who is proficient in malpractice lawyer law will be able to explain the statute of limitations and assist you in determining whether you have a case that is eligible for an action.

Do not follow the rules of professional conduct

Legal malpractice occurs when a lawyer does not adhere to generally accepted professional standards and causes harm to the client. It is required to meet the four components of most torts: an attorney-client relationship, a duty, breach and proximate cause.

A few common examples of malpractice lawyer include mixing trust and personal account funds, failing to bring suit within the timeframe of the statute of limitations and taking on cases where they aren't competent, not performing a conflict-check, and not being up-to-date with court proceedings or other developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable way. This doesn't just mean email and faxes, but also answering phone calls promptly.

It is also possible for lawyers to engage in fraud. This could be done by lying to the client or any other person involved in the case. It is essential to understand the facts in order to determine whether the attorney was untruthful. A violation of the attorney-client agreement occurs when an attorney takes a case outside their area of expertise without informing the client about it or suggesting they seek independent counsel.

Inability to inform

If a client engages an attorney, it indicates that they have reached the point where their legal situation is beyond their capabilities and experience and that they are unable to resolve it by themselves. Lawyers are required to inform clients about the importance of the case, the risks and costs involved, as well as their rights. Lawyers who fail to do this could be guilty.

Many legal malpractice claims result from a lack of communication between lawyers and their clients. For example, an attorney might not respond to phone calls or fail to notify their clients of a decision taken on their behalf. An attorney may not also communicate vital details regarding a case, or fail to inform clients of issues with an transaction.

It is possible to sue an attorney for malpractice, but a client must show that they suffered financial losses as a result due to the negligence of the attorney. The losses must be documented. This requires evidence, like email files and client files, or any other correspondence between an attorney and a client as well as invoices. In the event of fraud, or theft an expert witness might be needed to investigate the case.

Inability to Follow the Law

Attorneys are bound by the law and know the way it is applied in particular circumstances. If they don't, they could be guilty of misconduct. Examples include commingling client funds with their own, or using settlement proceeds to pay personal expenses, and not performing basic due diligence.

Other examples of legal malpractice are failure to file a suit within the time limit and not filing the suit by the deadlines set by the court and not adhering to the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must disclose to clients any financial or personal interest that could influence their judgement when representing them.

Attorneys must also follow the instructions of their clients. If a client directs them to take a particular action an attorney must follow those instructions unless there is any reason that suggests it would not be beneficial or even feasible.

To prevail in a malpractice lawsuit the plaintiff must prove that the lawyer violated his duty of care. This can be a challenge, as it requires showing that the defendant's actions or inaction resulted in damages. It's also not enough to prove the result of the negligence of the attorney was bad; for a malpractice claim to succeed, it must be shown that there is a high likelihood that the plaintiff could have won their case in the event that the defendant had followed the standard procedure.