How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you have to prove that the breach of duty led to financial, legal or other negative effects for you. It is not enough to show that the negligence of your attorney was injurious but you must also prove a direct link between the breach and the unfavorable outcome.

Strategy-related issues do not qualify as legal malpractice, however, if your lawyer does not submit a lawsuit on time and you lose the case, it could be a case of malpractice.

Inappropriate use of funds

Fraud in the handling of funds by a lawyer is one of the most widespread kinds of legal fraud. Lawyers are required to fulfill a fiduciary duty to their clients and must act with integrity and fidelity when handling money or any other property that the client has entrusted them with.

If a client pays their retainer the lawyer is obligated by law to place that money in a separate funds that are only used for that particular case. If the lawyer makes use of the escrow account for personal use or co-mingles it with their own funds the attorney is in breach of their fiduciary duty and could be charged with legal malpractice.

Imagine, for example that a customer hires an attorney to represent him in a lawsuit filed against a motorist whose car was struck by them as they crossed the street. The client is able to prove the driver's negligence and the accident led to their injuries. The lawyer, however, does not follow the law and is unable to file the case in time. Thus, the lawsuit is dismissed and the party who was injured is liable for financial losses as a result of the lawyer's error.

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 resulted from the attorney's negligence. A New York attorney who is knowledgeable about malpractice law can explain the statute of limitation and assist you in determining if you have a case that is eligible for a lawsuit.

Failure to follow the rules of professional conduct

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

Some typical examples of malpractice include a lawyer who has a personal and trust account funds, failing in time to file a lawsuit within the timeframe of the statute of limitations and taking on cases in which they are not competent, not conducting an investigation into conflicts, and not staying up to date on court proceedings or new developments in the law that may affect the case. Lawyers are also required to communicate with clients in a timely manner. This doesn't only apply to email or fax and also includes returning phone calls promptly.

It is also possible for lawyers to commit fraud. This can happen in a variety of ways, such as lying to the client or to anyone else involved in the case. In this case it is crucial to have the facts in hand so that you can determine if the lawyer was untruthful. A violation of the attorney-client agreement is when an attorney decides to take cases outside their area of expertise without informing the client about it or advising them to seek independent counsel.

Inability to provide advice

When a client hires an attorney, this means they've reached the point where their legal situation is beyond their expertise and experience and they are no longer able to resolve it on their own. The lawyer is required to inform clients of the benefits of the case, the potential risks and costs involved, as well as their rights. If an attorney does not do this, they may be liable for Malpractice Lawyer.

Many legal malpractice cases stem from a lack of communication between lawyers and their clients. For instance attorneys may not answer phone calls or fail to notify their clients of a decision taken on their behalf. An attorney may also be unable to share important information about the case or fail divulge any issues with a transaction.

It is possible to claim a lawyer's negligence, however, a client must prove they suffered real financial losses because of the negligence of their lawyer. The losses must be documented, which will require evidence such as client files email correspondence, other correspondence between the lawyer and the client, as well bills. In the case of fraud or theft, it may also be required to engage an expert witness to review the case.

Inability to Follow the Law

Attorneys are bound by the law and understand how it applies in specific situations. If they don't or don't, they could be accused of malpractice. Examples include mixing funds from clients with their own, using settlement proceeds to pay for personal expenses, and failing to do basic due diligence.

Another instance of legal misconduct includes the failure to file a lawsuit within the timeframe of limitations, failing to meet deadlines for filing in court or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of conflicts of interest. This means that they must inform clients of any financial or Malpractice Lawyer personal interest that could influence their judgment when representing them.

Additionally, attorneys are required to follow the instructions of their clients. Attorneys must follow instructions from clients unless it is evident that the action is not beneficial.

To prevail in a malpractice lawyers suit, the plaintiff must prove that the lawyer breached their duty of care. This can be difficult, as it requires showing that the defendant's actions or inaction resulted in damages. It is not enough to demonstrate that the attorney's wrongful actions led to a poor outcome. A malpractice attorney claim must also prove that there was a significant probability that the plaintiff's case could have been settled if the defendant followed standard practices.