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How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, you have to show that the breach resulted in negative financial, legal or other implications for you. It is not enough to prove the negligence of your attorney was injurious and you must prove an unambiguous link between the breach and the resulting outcome.

Strategies do not qualify as legal malpractice, however, if your lawyer fails to file a lawsuit in time and you lose the case that could be a form of malpractice.

Fraud in the use of funds

One of the most popular types of legal malpractice is a lawyer's misuse of funds. Lawyers have a fiduciary connection with their clients and are expected to act with a high level of trust and fidelity, especially when handling funds or other property that the client has given to them.

If a client is required to pay their retainer the lawyer is obligated by law to deposit the money in an fund for escrow that is exclusively used for that particular case. If the lawyer co-mingles the account with their personal funds or utilizes it for other purposes this is a blatant breach of fiduciary responsibility and could result in legal misconduct.

For instance, suppose that a client hires an attorney to represent them in an action against a driver who hit them while they were walking along the street. The client can prove that the driver was negligent and could demonstrate that the collision caused their injuries. The lawyer, however, does not follow the law and is unable file the case on time. The lawsuit is dismissed and the person who was injured suffers financial losses as a result of the lawyer's mistake.

The time frame for suing an attorney for negligence is governed by a statute of limitation that can be difficult to calculate in a case where a loss or injury was the result of the attorney's negligence. A competent New York attorney with experience in malpractice attorney law can explain the statute of limitations to you and help you determine if your case is suitable for a legal malpractice suit.

Failure to adhere to the rules of professional conduct

Legal malpractice occurs the case when a lawyer doesn't follow generally accepted professional standards and causes harm to the client. It has the same four elements as the majority of torts, including an attorney-client relationship an obligation, a breach, and proximate causation.

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing to timely to file a suit within the time limits, taking cases in which they are not competent, not conducting a conflict check and not being up-to current on court proceedings, or any new legal developments that could impact the case. Lawyers also have a duty to communicate with clients in a fair manner. This does not only include emails and faxes, but also includes answering phone calls in a timely manner.

Attorneys are also able to commit fraud. This could be done by lying to the client, or any other person involved in the investigation. In this case it is crucial to have all the facts at the hands of the investigator to determine if the lawyer was insincere. It is also a breach of the contract between attorney and client if an attorney takes on cases that are outside of their expertise and fails to inform the client about this or suggest they seek out separate counsel.

Inability to provide advice

When a client hires a lawyer, it signifies that their legal matter has been beyond their expertise and knowledge. They are unable to solve the problem by themselves. It is the lawyer's duty to inform clients of the advantages of a case as well as the risks and costs involved and their rights. When an attorney fails to perform this, they could be guilty of malpractice.

Many legal malpractice claims stem from of poor communication between attorneys and their clients. An attorney might not return a phone call or fail to inform their clients about a specific decision they made on their behalf. An attorney could also not communicate important details regarding a case, or fail to reveal any problems with the transaction.

It is possible to sue an attorney for negligence, but a plaintiff must prove that they have suffered real financial losses because of the negligence of their lawyer. These losses must be documented. This requires evidence, like email and client files, or any other correspondence between an attorney and client, as well as invoices. In the case of fraud or theft an expert witness might be required to review the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and understand the laws that apply to specific circumstances. They could be found guilty of misconduct in the event that they fail to follow. Examples include mixing client funds with theirs and using settlement proceeds to pay for personal expenses and not performing basic due diligence.

Another example of legal malpractice Lawyers includes the failure to file a lawsuit within the statute of limitations, ignoring deadlines for filing in court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of conflicts of interest. They must disclose to clients any financial or personal interests that might affect their judgment when representing them.

Finally, attorneys are obligated to follow the instructions of their clients. Attorneys must follow instructions from clients unless it is clear that the actions would not be beneficial.

To prevail in a malpractice lawsuit, the plaintiff has to prove that the lawyer violated his duty of care. This can be a challenge, since it requires proof that the defendant's actions, or inaction, caused damages. It is not enough to demonstrate that the attorney's wrongful actions caused a bad result. A malpractice claim must also show that there was a significant likelihood that the plaintiff's case could have been won had the defendant had followed normal procedures.