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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that the breach of duty led to legal, monetary or other negative outcomes for you. You must show a direct connection between the attorney's negligence and the negative results.

Legal malpractice law firms doesn't include issues of strategy. If you lose a lawsuit because your lawyer didn't file the lawsuit within the timeframe it could be a case of an act of malpractice.

Misuse of funds

One of the most common kinds of legal malpractices is the misuse by a lawyer of funds. Attorneys are bound by a fiduciary obligation to their clients and must behave with trust and fidelity when handling funds or other assets that the client has entrusted them with.

When a client pays their retainer the lawyer is obligated by law to deposit the money in a separate fund for escrow that is exclusively utilized for that particular case. If the attorney makes use of the escrow account to pursue personal goals or mix it with their own funds, they are in violation of their fiduciary duties and could be charged with legal malpractice.

Imagine, for example the scenario where a client hires an attorney to represent the client in a lawsuit filed against a motorist whose car hit them as they crossed the street. The client is able to prove that the driver was negligent and is able to prove that the accident caused their injuries. The lawyer, however, misses the statute and is not able to file the case in time. Thus, the lawsuit is dismissed and the injured party suffers financial loss as a result of the lawyer's mistake.

The time limit to sue an attorney for negligence is governed by a statute that limits the time for suing, which can be tricky to calculate in a case where an injury or loss occurred as the result of 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 is when an attorney fails to adhere to generally accepted standards of professional conduct, and inflicts harm on the client. It is the result of four elements of most torts: an attorney-client relationship and a duty, breach and the proximate cause.

Some examples of malpractice are a lawyer who has a personal and trust account funds, failing to bring suit within the timeframe of the statute of limitations and taking on cases where they aren't competent, failing to conduct a conflict-check, and not staying up to date with court proceedings or any new developments in the law that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This includes not just the use of faxes and email, but also answering phone calls promptly.

Attorneys are also able to commit fraud. This could be done by lying to the client or any other person involved in the investigation. It is essential to learn the facts to determine if the attorney is untruthful. It's also a violation of the contract between attorney and client if an attorney takes on cases that are outside of their expertise and does not inform the client of this or recommend seeking separate counsel.

Inability to provide advice

If a client engages an attorney, it is a sign that they have reached the point where their legal situation is beyond their own skill and malpractice Lawsuit experience, and they are unable to solve it on their own. It is the job of the lawyer to inform clients about the merits of a particular case in addition to the costs and risk associated with it, and their rights. If an attorney does not do this, they may be guilty of malpractice.

Many legal malpractice claims stem from a lack of communication between attorneys and their clients. An attorney might not return a calls or fail to inform their clients of a specific decision taken on their behalf. An attorney might also neglect to provide important information regarding the case or fail to identify any issues with the transaction.

It is possible to claim a lawyer's negligence, but a plaintiff must prove that they suffered financial losses due to due to the negligence of the attorney. The losses must be documented. This requires evidence, like email files and client files, or other correspondence between an attorney and a client and also bills. In cases of fraud or theft, it may also be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and comprehend how it applies in specific circumstances. They could be found guilty of malpractice if they do not. Examples include mixing client funds with their own, or using settlement proceeds to pay personal expenses, or failing to perform basic due diligence.

Other instances of legal malpractice include failing to file a suit within the statute of limitations and not filing the suit by the deadlines set by the court and not observing the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. This means they must inform clients of any personal or financial concerns that could impact their judgment in representing them.

Finally, attorneys are obligated to comply with the directions of their clients. If a client instructs the attorney to take specific actions an attorney must follow the instructions unless there is an obvious reason to believe that it is not beneficial or possible.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It can be difficult to prove that the defendant's actions or actions caused harm. It is not enough to demonstrate that the attorney's wrongful actions caused a negative outcome. A malpractice claim must also demonstrate that there was a high probability that the plaintiff's case could have been settled if the defendant had followed normal procedures.