How to Sue Your Attorney for Malpractice

To pursue an attorney's malpractice, it is necessary to show that the breach of duty had negative legal, financial, or other consequences for you. You must establish that there was a direct link between your attorney's incompetence and the negative outcome.

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

Inappropriate use of funds

One of the most prevalent types of legal malpractice involves a lawyer's misuse of funds. Lawyers are in a fiduciary relationship with their clients and are required to behave with the highest degree of trust and fidelity, particularly when dealing with money or other property that the client has entrusted to them.

When a client pays a retainer to their attorney, the lawyer is required to deposit the money in a separate escrow account that is designated for that case's purpose only. If the attorney co-mingles the account with their own personal funds or makes use of it for any other purpose this is a blatant breach of the fiduciary obligation and could constitute legal fraud.

For example, imagine that a client employs their attorney to represent them in a lawsuit against a driver who slammed into them as they were walking along the street. The client has the ability to prove driver's negligence, and that the accident led to their injuries. But, their lawyer violates the statute of limitations and is unable to file the case in time. The lawsuit is dismissed, and the victim is liable for financial loss as a result of the lawyer's mistake.

The statute of limitations limit the time it takes to claim a lawyer's negligence. It can be a challenge to determine if an injury or loss was caused by negligence of the lawyer. A licensed New York attorney with experience in malpractice law can explain the statute of limitations to you and help determine if your situation is a good candidate for a legal malpractice suit.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer fails to adhere to the generally accepted standards of professional practice and results in harm to the client. It is the result of four elements of most torts: an attorney-client relationship, a duty, breach and the proximate cause.

A few common examples of misconduct include a lawyer mixing trust and personal account funds, failing in time to make a claim within the timeframe of the statute of limitations or taking on cases in which they are not competent, not conducting an investigation into conflicts, and not keeping up to date with court proceedings or new developments in law that could affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This is not limited to email and faxes but also returning telephone calls promptly.

Attorneys are also able to commit fraud. This can happen in various ways, which includes lying to the client or to anyone involved in a case. It is crucial to know the facts to determine whether the attorney was insincere. It is also a breach of the contract between attorney and client if an attorney is assigned a case that is outside of their expertise and fails to inform the client of this or suggest they seek out separate counsel.

Inability to advise

When a client employs an attorney, this means they've reached a point at which their legal situation is beyond their capabilities and experience and that they are no longer able to resolve it on their own. It is the job of the lawyer to inform clients about the merits of a particular case, malpractice the costs and risks involved, as well as their rights. If an attorney fails to comply with this requirement, they could be guilty of malpractice attorney.

Many legal malpractice claims stem from of poor communication between attorneys and their clients. Attorneys may not respond to phone call or fail to inform their clients of a specific decision taken on their behalf. Attorneys may also fail to share important information about the case or fail to divulge any issues with a transaction.

A client can sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. These losses must be documented, which requires documents such as client files, emails and other correspondence between the attorney and the client, and bills. In the case of fraud or theft An expert witness could be required to review the case.

Failure to Follow the Law

Attorneys must follow the law and understand what it means for specific circumstances. They could be found guilty of malpractice when they fail to do so. Examples include mixing funds from clients with theirs, using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Another example of legal malpractice lawyers is the failure to file an action within the statute of limitations, not meeting deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. This means that they have to inform clients of any financial or personal concerns that could impact their judgment in representing them.

Attorneys must also adhere to the instructions of their clients. If a customer instructs them to take a particular action, the attorney must follow those instructions unless there is any reason that suggests it would not be beneficial or possible.

In order to prevail in a malpractice case 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, caused damages. It's also not enough to show that the result of the attorney's negligence was negative; for a malpractice claim to be successful, it must be proved that there is an extremely high chance that the plaintiff would have prevailed in the event that the defendant had followed the accepted practice.