How to Sue Your Attorney for Malpractice

To pursue an attorney's malpractice law firm, it is necessary to show that the breach of duty resulted in negative financial, legal, or other consequences for you. You must demonstrate an immediate connection between the attorney's incompetence and the negative outcome.

Strategies do not qualify as legal malpractice, however, the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case this could be a type of malpractice.

The misuse of funds

The misuse of funds by a lawyer is one of the most frequent types of legal malpractice. Lawyers are bound by a fiduciary obligation to their clients and must behave with trust and fidelity when handling funds or any other property that the client has given them.

When a client pays their retainer and the lawyer is required by law to place that money into an funds that are only used for that particular case. If the attorney makes use of the escrow account for personal purposes or co-mingles it with their own funds, they are in violation of their fiduciary duty and could be accused of legal misconduct.

For example, imagine that a customer hires their attorney to represent them in a lawsuit against a driver who struck them as they were walking along the street. The client has proof that the driver was negligent, and can demonstrate that the collision caused their injuries. Their lawyer, however, fails to comply with the law and is unable file the case in time. Consequently, the lawsuit is dismissed and the party who was injured is liable for financial losses due to the lawyer's error.

A statute of limitations limits the amount of time you can sue an lawyer for malpractice. It can be difficult to calculate when an injury or loss was caused by negligence of the lawyer. A New York attorney who is proficient in malpractice law can explain the statute of limitations and assist you in determining whether you have a case which is suitable for a lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when an attorney fails to adhere to the generally accepted professional standards and harms the client. It has the same four elements as most torts, which are an attorney-client relationship and a duty, a breach, and proximate cause.

Some examples of malpractice are a lawyer mixing their personal and trust funds, failing timely to file suit within timeframes, pursuing cases in which they aren't competent, failing to conduct an effective conflict check, and not keeping up to the latest court proceedings or any recent legal developments that could impact the case. Lawyers also have a duty to communicate with clients in a fair manner. This is not limited to emails and faxes as well as returning phone calls promptly.

Attorneys are also able to commit fraud. It can be done in a variety of ways, including lying to the client or anyone involved in a case. In this case it is essential to have the facts in your possession to determine if the attorney was being insincere. It's also a violation of the attorney-client agreement if an attorney accepts an assignment that is not within the scope of their expertise and fails to inform the client about this or advise them to seek separate counsel.

Failure to Advise

When a client employs an attorney, this means they've reached a point at which their legal situation is beyond their own skill and experience and they are unable to solve it on their own. It is the job of the lawyer to inform clients about the benefits of a case, the costs and risks involved, as well as their rights. If a lawyer fails to do this, they could be guilty of malpractice attorney.

Many legal malpractice claims stem from of poor communication between attorneys, and their clients. A lawyer may not answer a the phone or fail inform their clients of a specific decision they made on their behalf. An attorney could not be able to communicate crucial details about a case or fail to inform clients of issues in the transaction.

A client can sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. The losses must be documented, which will require documents such as client files email correspondence, other correspondence between the lawyer and the client, as well bills. In the event of fraud or theft, an expert witness may be required to examine the case.

Inability to Follow the Law

Attorneys must adhere to the law and be aware of what it means for specific circumstances. If they fail to do so, they could be guilty of misconduct. Examples include combining funds from clients with their own or using settlement proceeds for personal expenses, and not performing basic due diligence.

Another instance of legal malpractice includes failure to file an action within the statute of limitations, missing deadlines for filing in court, and not following the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. This means that they have to inform clients of any personal or financial interests that might affect their judgment when representing them.

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

To win a malpractice lawsuit, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. It isn't easy to prove that the defendant's lapses or actions caused harm. It isn't enough to prove that the attorney's negligence caused a bad result. A malpractice claim must also demonstrate that there was a significant likelihood that the plaintiff's lawsuit could have been won had the defendant had followed standard procedures.