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How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you have to prove that the breach of duty led to legal, monetary or other negative outcomes for you. You must demonstrate that there is a direct link between the attorney's negligence and the negative result.

Legal malpractice does not cover issues of strategy. However, if you lose a lawsuit because your lawyer was not able to submit the lawsuit on time, this could be negligence.

Misuse of funds

Fraud in the handling of funds by a lawyer is among the most prevalent kinds of legal malpractice. Attorneys are required to fulfill a fiduciary duty to their clients and must act with trust and fidelity when handling money or other property that the client has entrusted them with.

When a client pays their retainer the lawyer is obligated by law to place that money in an funds that are only specifically used for the particular case. If the attorney combines the escrow account with their own personal funds or utilizes it for other purposes, this is a clear violation of fiduciary duty and could result in legal misconduct.

Imagine, for instance that a customer hires an attorney to represent him in a suit filed against a motorist whose car struck them when they crossed the street. The client has proof that the driver was negligent, and can prove that the collision caused their injuries. However, their lawyer misses the deadline and is unable to file the case within time. The lawsuit is dismissed and the party who was injured suffers financial loss due to the lawyer's error.

The statute of limitations restricts the time that you can claim a lawyer's negligence. It can be a challenge to determine if the loss or injury was due to the negligence of the lawyer. A competent New York attorney with experience in malpractice law can explain the time limit to you and assist you to determine if your case is a good fit for a legal malpractice lawsuit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice lawyer occurs when an attorney does not adhere to generally accepted professional standards, and harms the client. It is a requirement of the four elements of most torts: an attorney-client relationship, a duty, breach and the proximate cause.

Some common instances of malpractice are a lawyer who has a personal and trust account funds, failing to file suit within the statute of limitations or taking on cases where they are not competent, failing to conduct a conflict-check, and not keeping up to date with court proceedings or any new developments in law that could affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This does not only include email and faxing, but also includes answering phone calls promptly.

It is also possible for attorneys to commit fraud. This can occur in a variety of ways, such as lying to the client or to anyone else involved in the case. In this situation, it is important to have the facts on the hands of the investigator to determine if the lawyer was being deceitful. A violation of the agreement between an attorney and a client occurs when an attorney handles a case outside their area of expertise without informing the client or suggesting they seek independent counsel.

Failure to Advise

When a client hires an attorney, this means they've reached the stage where their legal problem is beyond their capabilities and experience and they are unable to solve it on their own. The lawyer's job is to inform clients of the advantages of a case, the costs and risks involved, as well as their rights. Lawyers who fail to do this could be guilty.

Many legal malpractice claims arise because of poor communication between lawyers, and their clients. A lawyer may not answer a phone call or fail to inform their clients of a particular decision taken on their behalf. A lawyer may also fail to share important information about an instance or fail to disclose known problems with a transaction.

A client can sue an attorney if they've suffered financial losses as a result of the lawyer's negligence. The losses have to be documented, which requires evidence like client files, emails and other correspondence between the attorney and the client, along with bills. In cases involving theft or fraud, it may also be required to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys must abide by the law and know how it applies to specific circumstances. If they fail to do so then they could be accused of misconduct. Examples include mixing funds from clients with their own or using settlement funds to pay for personal expenses and not performing basic due diligence.

Another instance of legal misconduct includes the failure to file a lawsuit within the timeframe of limitations, ignoring deadlines for filing with the court, and not following the Rules of Professional Conduct. Attorneys are also required to disclose any conflict of conflicts of interest. They must disclose to clients any financial or personal interests which could affect their judgment when representing them.

Attorneys are also required to adhere to the instructions of their clients. If a client directs the attorney to take specific actions then the attorney must follow those instructions unless there's an obvious reason to believe that it would not be beneficial or possible.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer violated their duty of care. This isn't easy, as it requires showing that the defendant's actions, or inaction, caused damages. It's not enough to prove that the result of the attorney's negligence was bad and for a malpractice case to succeed, it needs to be proven that there is an excellent chance that the plaintiff could have won their case if the defendant had followed the accepted practice.