How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must prove that their negligence caused financial, legal or other negative consequences for you. It's not enough to prove that the attorney's negligence was negligent but you must also prove a direct link between the breach and the negative outcome.

Matters of strategy do not be considered legal malpractice, however, if your lawyer does not submit a lawsuit on time and you lose the case that could be a form of malpractice.

The misuse of funds

The misuse of funds by lawyers is one of the most frequent types of legal fraud. Lawyers are in a fiduciary relationship with their clients and are required to act with a high degree of trust and fidelity, particularly when handling funds or other property that the client has left to them.

When a client makes retainer fees, their attorney is required to place the money into a separate escrow account that is specifically for the purpose of that case only. If the attorney combines the account with personal funds or utilizes it for any other purpose, this is a clear violation of fiduciary duty and could result in legal negligence.

Imagine, for instance, that a client hires their attorney to represent them in the case of a driver who struck them as they were walking along the street. The client is able to prove that the driver was negligent and is able to show that the accident caused their injuries. The lawyer however misses the statute and is not able to file the case in time. The lawsuit is dismissed and the injured party suffers financial losses as a result of the lawyer's mistake.

The statute of limitations limit the amount of time you can bring a lawsuit against a lawyer for malpractice lawsuits. It can be a challenge to determine when an injury or loss was caused by the attorney's negligence. 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 that is eligible for a lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is when an attorney does not adhere to generally accepted standards of professional conduct, and causes harm to the client. It requires the same four elements as most torts, which include an attorney-client relationship an obligation, a breach, and proximate causation.

Some common instances of malpractice include a lawyer commingling their personal and malpractice trust account funds, failing to timely file a lawsuit within the statute of limitations or taking on cases where they aren't competent, not performing an investigation into conflicts, and not being up-to-date with court proceedings or other developments in the law that may affect the case. Lawyers also have a responsibility to communicate with clients in a timely manner. This isn't just limited to emails and faxes as well as answering phone 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. It is essential to understand the facts so you can determine whether the attorney was dishonest. A violation of the attorney-client agreement occurs when an attorney takes an issue that is not within their expertise without informing the client about it or soliciting independent counsel.

Inability to inform

When a client employs a lawyer, it means that their legal issue has become beyond their skill and knowledge. They are unable to resolve it on their own. It is the attorney's responsibility to inform clients about the benefits of a case in addition to the costs and risk associated with it, and their rights. If an attorney does not do this, they may be found guilty of malpractice.

Many legal malpractice claims result from a lack of communication between attorneys and their clients. For instance attorneys may not return phone calls or fail to inform their clients of a decision taken on their behalf. Attorneys may not be able to communicate crucial details about a case or not disclose any known issues in the transaction.

It is possible to sue an attorney for malpractice, but a client must prove that they suffered real financial losses because of the lawyer's negligence. These losses should be documented. This requires evidence, such as email files and client files, or other correspondence between an attorney and a customer, as well as bills. In the case of fraud or theft An expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and know the law's implications in particular situations. They could be found guilty of malpractice in the event that they fail to follow. 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 the failure to file an action within the statute of limitations, ignoring deadlines for filing in court and not observing the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. They must disclose to clients any financial or personal interests which could affect their judgment when representing them.

Attorneys are also required to comply with the directions of their clients. If a client directs them to take a specific action an attorney must follow those instructions unless there is an obvious reason to believe that it is not beneficial or even feasible.

In order to prevail in a malpractice suit the plaintiff must demonstrate that the lawyer breached their duty of care. This isn't easy, since it requires proving the defendant's actions or negligence caused damages. It's also not enough to prove that the result of the negligence of the attorney was bad in order for a malpractice claim to succeed, it must be demonstrated that there's a high probability that the plaintiff would have prevailed if the defendant had followed the standard procedure.