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How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, you have to show that the breach of duty resulted in negative financial, legal or other repercussions for you. You must demonstrate that there is a direct link between the attorney's negligence and the negative outcome.

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

Inappropriate use of funds

One of the most frequent kinds of legal malpractices is a lawyer's misuse of funds. Attorneys are bound by a fiduciary obligation to their clients and must act with trust and fidelity when handling money or other property the client has entrusted them with.

If a client pays retainer fees, their lawyer must put that money into a separate escrow account designated for that case's purpose only. If the attorney utilizes the escrow funds for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary obligations and could be accused of legal malpractice.

Imagine, for instance that a client hires an attorney to represent the client in a lawsuit filed against a motorist whose car was struck by them as they crossed the street. The client can prove that the driver was negligent and could demonstrate that the collision caused their injuries. But, their lawyer violates the deadline and is unable to file the case in time. The lawsuit is dismissed and the person who was hurt is liable for financial losses as a result of the lawyer's error.

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 determine in a situation where an injury or loss was the result of the negligence of the attorney. A New York attorney who is knowledgeable about malpractice law will be able to explain the statute of limitations and assist you in determining if you have a case which is suitable for a lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when a lawyer does not adhere to generally accepted professional standards and results in harm to the client. It requires the same four elements of most torts: an attorney-client relationship an obligation, a breach, and proximate causation.

Some examples of malpractice include mixing trust and personal account funds, failing to timely file suit within the time limit, taking on cases where they aren't competent, not conducting a conflict-check, and not keeping up to date with court proceedings or new developments in the law that may affect the case. Lawyers are accountable to communicate with their clients in a timely manner. This doesn't just mean emails and faxes, but also resolving telephone calls promptly.

Attorneys can also commit fraud. It can be done in a variety of ways, including lying to the client or to anyone involved in a case. In this instance it is crucial to have all the facts at your possession to determine if the attorney was being deceitful. It is also a breach of the attorney-client contract if an attorney accepts an issue that is outside of their area of expertise and does not inform the client of this or suggest they seek out separate counsel.

Failure to Advise

If a client decides to hire an attorney, this means they've reached a stage where their legal problem is beyond their ability and experience and that they are unable to resolve it by themselves. The lawyer is required to inform clients of the advantages of the case, the risks and costs involved, as well as their rights. An attorney who fails to do so may be found guilty.

Many legal malpractice cases stem from poor communication between attorneys and their clients. For example, an attorney might not return phone calls or fail to inform their clients of a decision made on their behalf. A lawyer may also fail to communicate important details about the case or fail identify any issues with the transaction.

It is possible to claim a lawyer's negligence, but the client must prove that they were able to recover financial losses as a result of the negligence of the lawyer. These losses must be documented, which will require documents such as client files email correspondence, other correspondence between the attorney and the client, as well as bills. In cases of fraud or theft an expert witness might be required to examine the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and comprehend the law's implications in particular circumstances. If they fail to do so or don't, they could be accused of malpractice. Examples include combining funds from clients with their own, or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Other examples of legal malpractice lawsuit include failing to file a suit within the statute of limitations, missing court filing deadlines and not following the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must inform clients of any financial or personal interest which could affect their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. If a client instructs the attorney to take specific actions then the attorney must follow the instructions unless there is any reason that suggests it is not beneficial or feasible.

To win a malpractice lawsuit the plaintiff must prove that the lawyer has violated his duty of care. This can be a challenge, because it requires proving that the defendant's actions or negligence caused damages. It isn't enough to demonstrate that the attorney's wrongful actions caused a bad result. A malpractice claim must also show that there was a substantial chance that the plaintiff's claim could have been won had the defendant had followed standard procedures.