How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you have to prove that the breach of duty resulted in financial, legal or other negative outcomes for you. You must show that there was a direct link between your attorney's negligence and the negative results.

The nuances of strategy don't be considered legal malpractice, but if your lawyer does not file a lawsuit on time and you lose the case, that could be a sign of malpractice lawsuits.

Misuse of funds

One of the most common types of legal malpractice involves the misuse of funds by lawyers. Lawyers have a fiduciary connection with their clients and are required to behave with the utmost trust and fidelity, especially when dealing with funds or other property that the client has entrusted to them.

If a client is required to pay their retainer and the lawyer is required by law to keep that money in an escrow account that is exclusively intended for the specific case. If the attorney makes use of the escrow account to pursue personal goals or mix it with their own funds it is in violation of their fiduciary duties and could be charged with legal malpractice.

Imagine, for instance, that a client hired an attorney to represent the client in a lawsuit filed against a motorist whose car struck them while crossing the street. The client has the ability to prove driver's negligence and that the accident caused the injuries they sustained. Their lawyer, however, misses the statute and is not able to file the case on time. The lawsuit is dismissed and the party who was injured suffers a financial loss because of the lawyer's error.

The statute of limitations restricts the time that you can sue an lawyer for malpractice. It can be a challenge to determine when an injury or loss is caused by negligence of the lawyer. A licensed New York attorney with experience in malpractice law can explain the time limit to you and help determine if your case is a good fit for a legal malpractice lawsuit.

Failure to follow the professional rules of conduct

Legal malpractice occurs when a lawyer does not follow generally accepted professional standards and results in harm to the client. It has the same four elements that are common to all torts, which include an attorney-client relationship and a duty, a breach, and proximate causation.

A few examples of malpractice include lawyers who mix personal and trust funds, failing to file suit within the time limits, taking cases in which they aren't competent, not conducting a conflict check and not staying up to the current court proceedings or any other developments in law that could affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This isn't just limited to emails and faxes as well as returning telephone calls promptly.

It is also possible for lawyers to commit fraud. This could be accomplished by lying to the client or any other person who is involved in the investigation. In this instance it is crucial to have all the facts at hands so that you can determine if the attorney was dishonest. It also constitutes a breach of the contract between attorney and client if an attorney accepts a case that is outside of their expertise and does not inform the client of this or recommend seeking separate counsel.

Failure to provide advice

If a client decides to hire an attorney, it indicates that they have reached the point at which their legal situation is beyond their expertise and experience and that they can no longer resolve it by themselves. Lawyers are required to inform clients about the benefits of the case, the potential risks and costs involved, as well as their rights. Lawyers who fail to provide this advice could be held accountable.

Many legal malpractice cases result from a lack of communication between lawyers and their clients. Attorneys may not respond to the phone or fail inform their clients of a specific decision they made on their behalf. An attorney might also neglect to communicate important details about an instance or fail to disclose known problems with an transaction.

A client can sue an attorney if they've suffered financial losses due to the negligence of the lawyer. These losses must be documented. This requires evidence, such as email files and Lawyers client files, or other correspondence between an attorney and a client as well as bills. In the event of fraud or theft An expert witness could be required to review the case.

Failure to Follow the Law

Attorneys are bound by the law and know the law's implications in particular situations. They could be found guilty of misconduct if they do not. Examples include commingling client funds with their own, or using settlement proceeds to pay personal expenses, and failing to perform basic due diligence.

Another instance of legal malpractice is the failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing in court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of interest. They must inform clients of any personal or financial interest that could influence their judgement when representing them.

Attorneys are also required to follow the instructions of their clients. Attorneys are required to follow the directions of clients, unless it is clear that the action will not be beneficial.

In order to prevail in a malpractice case the plaintiff must prove that the lawyer violated his duty of care. It can be difficult to prove that the defendant's inaction or actions caused damage. It isn't enough to demonstrate that the attorney's wrongful actions resulted in a bad outcome. A malpractice claim must also demonstrate that there was a significant likelihood that the plaintiff's case could have been won had the defendant followed standard practices.