How to Sue Your Attorney for Malpractice

If you want to sue your attorney for negligence, you must show that the breach of duty led to legal, monetary or other negative consequences for you. It is not enough to prove the negligence of the attorney was a problem but you must also prove an unambiguous link between the breach and the negative outcome.

Legal malpractice does not include issues of strategy. However, if you lose a case due to your lawyer failed to file the lawsuit in time This could be considered to be negligence.

The misuse of funds

One of the most prevalent kinds of legal Malpractice Lawyers is the misuse by a lawyer of funds. Lawyers have a fiduciary obligation with their clients and are expected to act with a high degree of trust and fidelity, especially when handling funds or other property that the client has left to them.

When a client makes a retainer, their lawyer is required to deposit that money into a separate escrow account designated for that case's purpose only. If the lawyer co-mingles the escrow account with personal funds or utilizes it for any other purpose, this is a clear breach of fiduciary responsibility and could be considered legal malpractice.

Imagine, for instance 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 can prove that the driver was negligent and is able to show that the accident caused their injuries. But, their lawyer violates the statute of limitations and is incapable of bringing the case within time. The lawsuit is dismissed and the victim suffers a financial loss because of the lawyer's mistake.

The time to sue an attorney for malpractice is limited by a statute-of-limitations that can be difficult to calculate in a case where an injury or loss resulted from the negligence of the attorney. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitations and help you determine if you are eligible for a lawsuit.

Failure to follow the rules of professional conduct

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

Some examples of malpractice law firm are the lawyer combining their personal and trust funds, failing timely to file suit within the statutes of limitations, taking cases in which they aren't competent, failing to perform an examination of conflicts and not keeping up to current on court proceedings or any recent developments in law that could affect the case. Lawyers are accountable to communicate with their clients in a fair and reasonable manner. This doesn't only apply to email and fax, but also includes responding to phone calls in a timely manner.

Attorneys can also commit fraud. It can be done in various ways, including lying to the client or to anyone involved in a case. It is essential to learn the facts in order to determine whether the attorney was untruthful. It is also a breach of the contract between attorney and client if an attorney accepts an assignment that is not within the scope of their area of expertise and does not inform the client about this or suggest they seek out separate counsel.

Failure to Advise

If a client engages an attorney, it indicates that they've reached the stage where their legal issue is beyond their capabilities and experience and that they are unable to resolve it by themselves. It is the job of the lawyer to inform clients about the merits of a case along with the costs and risks involved and their rights. An attorney who fails to do this may be liable.

Many legal malpractice claims are the result of poor communication between lawyers and their clients. An attorney might not return a phone call or fail to inform their clients of a particular decision that they have made on their behalf. An attorney could not also communicate vital details regarding a case, or fail to disclose known problems with a transaction.

It is possible to claim a lawyer's negligence, but a plaintiff must prove they suffered financial losses due to due to the negligence of the attorney. The losses must be documented, which requires evidence such as files of the client emails, correspondence between the lawyer and the client, as well bills. In the event of fraud or theft an expert witness might be required to examine the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and understand how it applies in specific situations. If they don't, they could be guilty of malpractice. Examples include combining funds from clients with their own, or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Another type of legal malpractice is failure to file an action within the statute of limitations, ignoring deadlines for filing court documents, and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of conflicts of interest. This means that they have to inform clients of any personal or financial interests that could affect their judgment in representing them.

Attorneys are also required to follow the instructions of their clients. If a customer instructs them to take a particular action the attorney must comply with those instructions unless there is an obvious reason that it would not be beneficial or feasible.

In order to win a malpractice lawsuit the plaintiff must demonstrate that the lawyer breached their duty of care. This can be a challenge, as it requires showing that the defendant's actions or inaction resulted in damages. It is not enough to show that the attorney's negligence caused a bad result. A malpractice claim must also prove that there was a high chance that the plaintiff's claim would have been won if the defendant had followed normal procedures.